Firstlight Hydro Generating Co. v. Stewart

182 A.3d 67, 328 Conn. 668
CourtSupreme Court of Connecticut
DecidedMay 1, 2018
DocketSC 19891
StatusPublished
Cited by11 cases

This text of 182 A.3d 67 (Firstlight Hydro Generating Co. v. Stewart) is published on Counsel Stack Legal Research, covering Supreme Court of Connecticut primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Firstlight Hydro Generating Co. v. Stewart, 182 A.3d 67, 328 Conn. 668 (Colo. 2018).

Opinion

MULLINS, J.

**670*69This appeal arises from an action in which the plaintiff, FirstLight Hydro Generating Company, alleged that the defendants, Allan Stewart and Donatella Arpaia, were trespassing on property that the plaintiff owned along the shore of Candlewood Lake (lake). The trial court rendered judgment for the plaintiff in part.1 On appeal, the defendants claim that (1) there was insufficient evidence to prove the plaintiff's ownership of the subject property, and (2) the trial court abused its discretion by ordering injunctive relief that was overly broad and exceeded the scope of the relief sought by the plaintiff. We conclude that there is sufficient evidence to support the trial court's finding that the plaintiff owned the subject property and, thus, that the trial court properly found that the defendants had trespassed on the plaintiff's property. We further conclude that the scope of the trial court's injunctive relief is not overly broad. Accordingly, we affirm the judgment of the trial court.

The following relevant facts and procedural history are set forth in the trial court's memorandum of decision. "The plaintiff is a public utility corporation with a principal office located in New Milford ... that operates hydroelectric power generation facilities in this state pursuant to licenses from the Federal Energy Regulatory Commission....

"One of the plaintiff's facilities is a pumped storage hydroelectric power facility ... known as the Rocky River development. [The lake], which covers an area of approximately 5650 acres in New Milford, Danbury, **671New Fairfield, Sherman and Brookfield, serves as the reservoir for the Rocky River [development]....

"The plaintiff's predecessor in interest, the Connecticut Light & Power Company (CL & P), began construction on [the lake] in 1920 and completed it in 1927. CL & P acquired title to the lands forming the bed and shoreline of [the lake] through a series of conveyances during the 1920s and thereafter.... The natural elevation of the ... lake is approximately 200 feet above sea level. When the lake was created, CL & P purchased all of the land constituting the shoreline of the lake sufficient to allow it to raise the water level in the lake by an additional 230 feet. The elevation of approximately 440 feet above sea level, i.e., the maximum height of the lake's surface when completely flooded, was memorialized as part of [a document known as the] '1927 Rocky River datum.' This elevation is ... commonly referred to as the '440 [foot] contour elevation line' or sometimes more simply as the '440 contour.' ...

"In ... 2000, CL & P conveyed all of its right, title, and interest in and to the Rocky River [development] to the plaintiff, then known as Northeast Generation Company, by way of a quit claim deed.... This quit claim deed conveyed all of the land comprising the bed and shoreline of [the lake] ... excepting therefrom prior conveyances *70from CL & P to other grantees....

"In 1934, CL & P conveyed a portion of the land it had acquired to complete [the lake] and its surrounding shoreline to Oenoke Holding Corporation [by deed].... The 1934 deed describes the eastern and western boundaries of the tract conveyed ... by reference to the '[1927] Rocky River datum more particularly described in an instrument recorded [on page 213 of volume 12] of the New Fairfield land records.' The 1934 deed also delineates the [tract conveyed] by a complete **672metes and bounds description with reference to permanent surveyors' marks. The 1934 deed also refers to '[a monument on the] 440 [foot] contour elevation line.' ...

"The 1934 deed makes clear that the land conveyed to Oenoke Holding Corporation was, and is, immediately contiguous to the land retained by CL & P along the 440 foot contour elevation line. The 1934 deed also grants to Oenoke Holding Corporation and its successors and assigns rights of use and access to the waters of [the lake]. The ... waters referred to in the 1934 deed cover the adjacent land retained by CL & P at the time of the 1934 conveyance....

"In ... 1961, the Bogus Hill Development Corporation recorded a subdivision map [relating to] a portion of the land deeded to Oenoke Holding Corporation by CL & P.... [L]ots 51 and 52 [of that subdivision] were conveyed to Arthur Namm by warranty deed.... The legal description contained in the deed to Namm describes the southerly boundary [those lots] as running along '[the 440 foot contour elevation line of the 1927] Rocky River datum [and] thence along ... said 440 foot contour elevation line [following a series of specific courses and distances].' The identical metes and bounds description set forth in [this] deed is shown on ... town of New Fairfield map no. 1026....

"Lots 50, 51, and 52 on map no. 1026 were later reconfigured to form, in part, lot 52 and parcel C, as shown on ... town of New Fairfield ... map no. 1903....

"Neither map [no.] 1026 nor map [no.] 1903 delineates the southerly boundary of [these tracts] by reference to 'the 440 contour' or a similar reference. Each map contains the same metes and bounds description contained in the warranty deed from [the] Bogus Hill Development Corporation to Namm....

**673"The defendants are the owners of a residential parcel of land commonly known as 24 Sunset Drive, New Fairfield.... The defendants' parcel is a waterfront tract that is directly adjacent to the shoreline of [the] lake owned by the plaintiff. The defendants received title to their property by warranty deed from Diana Horowitz....

"The legal description in the defendants' deed describes the land conveyed to them as lot ... 52 and parcel C, as shown and delineated on ... map no. 1903....

"The defendants also received title to a second tract of land, [comprised of] 0.03 acres, as shown on [town of New Fairfield map no. 2580].... The second parcel conveyed to the defendants was land [formally] owned by CL & P, the plaintiff's predecessor in interest, [and is] immediately contiguous to the southerly boundary of lots [51 and 52] as shown on map no. 1026....

"The defendants are the owners of the land and improvements located within the lines of record title, as shown on [a map created by Paul Hiro, a licensed surveyor, that was admitted into evidence as plaintiff's exhibit seven].2 More specifically, the *71defendants are the owners of the land ... delineated by the bold lines on said map....

"The plaintiff is the owner of all of the land immediately contiguous to the southerly border of the defendants' land as shown on said map, comprising the shoreline and intertidal zone adjacent to the defendants' property, and the plaintiff is entitled to exclusive possession and control over it....

"In 2013, contractors representing the defendants approached representatives of the plaintiff seeking **674

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Bluebook (online)
182 A.3d 67, 328 Conn. 668, Counsel Stack Legal Research, https://law.counselstack.com/opinion/firstlight-hydro-generating-co-v-stewart-conn-2018.