207 Conn.App. 616
Conn. App. Ct.2021Background
- Dispute over surface water runoff that migrated downhill from the defendants’ property across a middle parcel (160 Route 39 South) owned by Fred’s Country Rentals, LLC (the LLC).
- Plaintiffs Alfred Kloiber and Melanie McNichol are self-represented; Kloiber is the LLC’s sole member. The plaintiffs never owned, occupied, or had possessory control of the subject parcel, which was maintained as a rental.
- Plaintiffs sued defendants Chris and Linda Jellen for trespass, private nuisance, common-law negligence, and statutory negligence, seeking damages and injunctive relief.
- Trial court found the runoff followed longstanding natural channels and that the defendants’ improvements complied with municipal approvals; judgment entered for defendants.
- On appeal the court raised standing sua sponte, obtained supplemental briefs, and concluded the plaintiffs lacked standing individually and could not represent the LLC as self‑represented litigants. Case remanded with direction to dismiss for lack of subject matter jurisdiction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Standing to pursue trespass / injunctive relief | Plaintiffs asserted injury from runoff and sought injunction despite title being in LLC | Subject parcel titled to LLC; title and possession required to seek injunctive trespass relief | Plaintiffs lack standing; title/possession required—dismissal warranted |
| Standing for private nuisance | Plaintiffs claimed possessory interest (invoking Restatement §821E) or neighbor rights | Only owner, occupier, or valid possessor may bring private nuisance claim | Plaintiffs are neither owners nor possessors; private nuisance claim fails for lack of standing |
| Standing for negligence (common‑law & statutory) | Plaintiffs argued invasion of their individual rights by defendants’ conduct | Any harm to the parcel belonged to the LLC (owner); plaintiffs’ claims are derivative | Plaintiffs lacked individual rights distinct from the LLC; negligence claims dismissed for lack of standing |
| Ability of self‑represented members to sue on behalf of LLC | Plaintiffs (Kloiber sole member) contended they could press claims tied to the parcel | Non‑attorney members may not represent an LLC in court; member cannot sue individually for injuries to LLC | Self‑represented plaintiffs cannot litigate on behalf of LLC; cannot recover for LLC‑owned interests |
Key Cases Cited
- J.E. Robert Co. v. Signature Properties, LLC, 309 Conn. 307 (Conn. 2013) (standing is required to invoke judicial jurisdiction).
- Channing Real Estate, LLC v. Gates, 326 Conn. 123 (Conn. 2017) (member cannot sue individually for injury to LLC).
- Socha v. Bordeau, 277 Conn. 579 (Conn. 2006) (title is essential when seeking injunction for trespass).
- Webel v. Yale University, 125 Conn. 515 (Conn. 1939) (private nuisance claim lies only to owner or occupier).
- Ventres v. Farmington, 192 Conn. 663 (Conn. 1984) (plaintiff without title lacks standing to complain of trespass).
- Padawer v. Yur, 142 Conn. App. 812 (Conn. App. 2013) (injury to LLC cannot be recovered by member individually).
- DeNunzio v. DeNunzio, 90 Conn. 342 (Conn. 1916) (officer’s or member’s possession of corporate assets is corporate, not individual).
- O’Reilly v. Valletta, 139 Conn. App. 208 (Conn. App. 2012) (member/manager may not sue individually to recover for wrongs to LLC).