126 Conn. App. 135
Conn. App. Ct.2011Background
- Property at 20 Brook Drive is owned by Candlewood Hills Tax District and held for public use.
- Plaintiffs, 18 Brook Drive residents since 1983/1988 title, used adjacent portion of 20 Brook Drive for personal maintenance and storage.
- District used the property from 1988–2007 for snow disposal, leaves/debris disposal, and allowed private residents to use a dumpster.
- Town instructed district in 2004 to stop waste disposal on wetlands; district posted no trespassing signs and locked gate thereafter.
- In 2007 the district fenced off the boundary and removed Campanelli’s woodpile; plaintiffs filed adverse possession suit alleging title to a portion of 20 Brook Drive.
- Trial court held that plaintiffs failed to rebut the presumption of public use and immunity from adverse possession; judgment for district.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether plaintiffs rebut the presumption of public use for the district property | Campanelli claims district abandoned public use or allowed nonpublic use | District continuously held property for public use and did not abandon it | Presumption not rebutted; district immune |
| Whether public use requires open access by the general public | Property must be open to general public for immunity | Public use includes uses not requiring general access | General public access not required for immunity |
| Effect of no trespassing signs on public use immunity | Signs negate public access and undermine immunity | Public use can exist with controlled access and nonpublic uses | Immunity preserved despite signage |
| Whether prior and proposed uses show continued public purpose | Past uses do not prove ongoing public purpose | Diverse, long-standing community uses indicate public purpose | Evidence supports continued public use, not abandonment |
Key Cases Cited
- Goldman v. Quadrato, 142 Conn. 398 (Conn. 1955) (title in public ownership cannot be acquired by adverse possession)
- American Trading Real Estate Properties, Inc. v. Trumbull, 215 Conn. 68 (Conn. 1990) (public uses on undeveloped lands support immunity from adverse possession)
- Cornfield Point Assn. v. Old Saybrook, 91 Conn.App. 539 (Conn. App. 2005) (burden to rebut presumption of public use; nonabandonment evidence mattered)
- Appeal of Phillips, 113 Conn. 40 (Conn. 1931) (public use not forfeited by lack of use without abandonment)
- Sachem's Head Property Owners' Assn. v. Guilford, 112 Conn. 515 (Conn. 1931) (public use concept with regulatory access context)
- Northeast Generation Co. v. Marcello, 92 Conn.App. 753 (Conn. App. 2005) (public utilities analogy for public use immunity)
- Larkin v. Bontatibus, 145 Conn. 570 (Conn. 1958) (quasi-municipal corporation; rules for public use immunity)
- Alarm Applications Co. v. Simsbury Volunteer Fire Co., 179 Conn. 541 (Conn. 1980) (statutory framework for municipal/public use immunity)
- Stroiney v. Crescent Lake Tax District, 205 Conn. 290 (Conn. 1987) (governing law for tax district public use)