129 Conn. App. 380
Conn. App. Ct.2011Background
- DPF Financial owns two adjoining parcels (lots 1 and 2) in Killingly; Lyons owns adjacent lots (3 and 4) with an access easement over lot 2.
- Subdivision approved by the common grantor placed the boundary and fence along a map on file with the town clerk, aligning with deeds.
- After purchase, fence encroachments and boundary pin movements led to a dispute over property boundaries and trespass.
- Lyons constructed a pig pen near the plaintiff’s boundary, removed a berm, and deposited debris and animal waste on plaintiff property.
- Court issued a prejudgment TRO ordering Lyons to cease trespass; contempt proceedings later found Lyons violated the injunction and ordered damages and fees.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the compensatory damages award has a factual basis | DPF contends damages reflect actual loss from trespass and erosion. | Lyons argues no proven actual loss and improper basis for $5000. | Abuse of discretion; remand for damages hearing. |
| Whether the attorney's fees award had a factual basis | DPF argues fees permitted and supported by contempt statute. | Lyons asserts no evidence supporting the $1200 award. | Abuse of discretion; remand for a fees hearing. |
Key Cases Cited
- Gina M.G. v. William C., 77 Conn.App. 582 (2003) (civil contempt may punish with remedial, compensatory fines)
- DeMartino v. Monroe Little League, Inc., 192 Conn. 271 (1984) (compensatory fines limited to actual damages)
- Bobinski v. Kalinowski, 107 Conn.App. 622 (2008) (reasonableness of attorney's fees requires evidentiary showing)
- State v. Ovechka, 292 Conn. 533 (2009) (appellate review of factual decisions; evidentiary basis required)