Arnold v. Hoffer

891 A.2d 63, 94 Conn. App. 53, 2006 Conn. App. LEXIS 87
CourtConnecticut Appellate Court
DecidedFebruary 28, 2006
DocketAC 26134
StatusPublished
Cited by3 cases

This text of 891 A.2d 63 (Arnold v. Hoffer) is published on Counsel Stack Legal Research, covering Connecticut Appellate Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Arnold v. Hoffer, 891 A.2d 63, 94 Conn. App. 53, 2006 Conn. App. LEXIS 87 (Colo. Ct. App. 2006).

Opinion

Opinion

BISHOP, J.

This appeal involves the interpretation of a restrictive covenant in a subdivision in which the parties own real property. The plaintiffs, James J. Arnold, Catherine A. Arnold and Covenant Construe[55]*55tion, LLC (Covenant), appeal from the summary judgment rendered by the trial court in favor of the defendant John W. Hoffer, trustee.1 The plaintiffs claim that the court improperly interpreted the restrictive covenant. We affirm the judgment of the trial court.

The following undisputed facts, gleaned from the pleadings and the evidence submitted by the parties in conjunction with their respective motions for summary judgment, are relevant to the disposition of the plaintiffs’ appeal. The Arnolds hold title to residential property in Danbury. The defendant owns land abutting the property at issue. The parties’ properties are located in the West Terrace subdivision, which is comprised of more than 200 lots originally conveyed from the West Terrace Realty Corporation (corporation). From approximately 1925 to 1953, the corporation sold lots, bundled as multilot parcels, in the West Terrace subdivision to various grantees. Although the West Terrace deeds from 1925 and part of 1926 contain no restrictions, most West Terrace deeds after 1926 contain four or five restrictive covenants. The lots at issue were conveyed subject to a restrictive covenant stating that “there shall not be erected on the premises hereby conveyed or on any part thereof, any building (other than a one story garage) except a detached dwelling house, for the use and occupancy of one family.” The same or substantially similar language appears in nearly all of the deeds from the corporation subsequent to 1926.2

[56]*56Although the Arnolds’ parcel is comprised of six lots, they obtained title to their parcel in a single conveyance on October 1,1997. On September 17, 2002, the Arnolds subdivided their property into two parcels, parcel A and parcel B. Parcel A is improved by the Arnolds’ home, a single-family dwelling, and parcel B is unimproved. Covenant has a contract to purchase parcel B from the Arnolds, on which it desires to build a single-family detached dwelling house.

The plaintiffs commenced this action seeking declaratory and injunctive relief. Specifically, they sought a declaration that the building of a detached single-family dwelling on parcel B would not violate the restrictive covenant and that the restrictive covenant is no longer valid due to changes in the neighborhood, laches or failure to enforce the restriction.3 The plaintiffs also sought an injunction preventing the defendant from interfering with the plaintiffs’ construction of a single-family dwelling on parcel B. Agreeing that there were no genuine issues of material fact, both parties filed motions for summary judgment. After a hearing on both motions, the court granted the defendant’s motion for summary judgment. By memorandum of decision filed December 9, 2004, the court found that “the language of the restrictive covenant is a limitation on both the type of building and the number of buildings that may be erected on the premises.” (Emphasis in original.) This appeal followed. Additional facts will be set forth as necessary.

On appeal, the plaintiffs claim that the court improperly interpreted the restrictive covenant as a limitation [57]*57on the number of buildings that may be erected on the plaintiffs’ property.4 We disagree.

Established principles guide our determination of the appropriate scope of review of the plaintiffs’ claim. “Practice Book . . . [§ 17-49] provides that summary judgment shall be rendered forthwith if the pleadings, affidavits and any other proof submitted show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law. ... In deciding a motion for summary judgment, the trial court must view the evidence in the light most favorable to the nonmoving party. . . . Our review of the trial court’s decision to grant the . . . motion for summary judgment is plenary. ... On appeal, we must determine whether the legal conclusions reached by the trial court are legally and logically correct and whether they find support in the facts set out in the memorandum of decision of the trial court.” (Citations omitted; internal quotation marks omitted.) Little v. Yale University, 92 Conn. App. 232, 234, 884 A.2d 427 (2005), cert. denied, 276 Conn. 936, 891 A.2d 1 (2006).

“[T]he determination of the intent behind language in a deed, considered in the light of all the surrounding circumstances, presents a question of law on which our scope of review is [also] plenary. . . . Thus, when faced with a question regarding the construction of language in deeds, the reviewing court does not give the customary deference to the trial court’s factual inferences. . . . The meaning and effect of the [lan[58]*58guage in the deed] are to be determined, not by the actual intent of the parties, but by the intent expressed in the deed, considering all its relevant provisions and reading it in the light of the surrounding circumstances.” (Internal quotation marks omitted.) Simone v. Miller, 91 Conn. App. 98, 108-109, 881 A.2d 397 (2005).

In the present case, as noted, the corporation consistently included the restrictive covenant in essentially all of the subdivision deeds, reflecting a general development scheme. Under such a scheme, any grantee may enforce the restrictions against any other grantee. DeMorais v. Wisniowski, 81 Conn. App. 595, 609, 841 A.2d 226, cert. denied, 268 Conn. 923, 848 A.2d 472 (2004). That equitable right “springs from the presumption that each purchaser has paid a premium for the property in reliance on the uniform development plan being carried out.” (Internal quotation marks omitted.) Id. It is inequitable to permit one landowner who is also subject to the same restriction to violate it. Id. Because the parties agree that the corporation intended the West Terrace subdivision to be a uniform development of noncommercial, single-family homes, the sole issue for determination is whether the restrictive covenant limits the number of houses that a property owner can build on land it obtains in a single conveyance. To resolve that question, we examine the language of the deed and the development of the subdivision.

We begin with the language itself. The plaintiffs maintain that the phrase “a detached dwelling house, for the use and occupancy of one family” limits the type, but not the number of houses that might be built on the property. The defendant claims that the restriction governs both the type and the number of houses that may be built. Although the indefinite article “a” is [59]*59defined as imposing a numerical limitation,5 this court has stated that the article “a” may or may not impose a numerical limitation. Contegni v. Payne, 18 Conn. App. 47, 66, 557 A.2d 122, cert. denied, 211 Conn. 806, 559 A.2d 1140 (1989).6

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Alligood v. LaSaracina
999 A.2d 833 (Connecticut Appellate Court, 2010)
Kolodziej v. Durham Agricultural Fair Ass'n
901 A.2d 1242 (Connecticut Appellate Court, 2006)

Cite This Page — Counsel Stack

Bluebook (online)
891 A.2d 63, 94 Conn. App. 53, 2006 Conn. App. LEXIS 87, Counsel Stack Legal Research, https://law.counselstack.com/opinion/arnold-v-hoffer-connappct-2006.