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O'BRIEN v. COBURN

(13512)

39 Conn. App. 143 (1995)

TERRANCE O'BRIEN ET AL. v. DEREK J. COBURN

Appellate Court of Connecticut.

Decision released September 5, 1995.

Attorney(s) appearing for the Case

Michael F. Dowley, with whom, on the brief, was Margaret A. Waldron, for the appellant (defendant).

Thomas F. Noonan, for the appellees (plaintiffs).

O'Connell, Schaller and Freedman, JS.

FREEDMAN, J.

The defendant appeals from the judgment of the trial court granting the plaintiffs an easement by implication across a certain driveway owned by the defendant. The defendant argues that the trial court improperly granted the easement by implication because no such action was pleaded in the plaintiffs' complaint. We agree and accordingly reverse the judgment of the trial court.1

The trial court found the following facts...

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