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LICHTEIG v. CHURINETZ

(4025)

9 Conn. App. 406 (1986)

ANNA D. LICHTEIG v. WILLIAM W. CHURINETZ ET AL.

Appellate Court of Connecticut.

Decision released December 30, 1986.

Attorney(s) appearing for the Case

Jonathan J. Einhorn, with whom, on the brief, were Merle Berke-Schlessel and, on the brief, Roberta S. Friedman, for the appellants (defendants).

Vincent P. Adley, for the appellee (plaintiff).

HULL, BORDEN and DALY, JS.

HULL, J.

This case involves a dispute over a nine foot right of way. The plaintiff, the owner of the servient estate, sought injunctive relief against the defendants William W. Churinetz (hereinafter the defendant), the owner of the dominant estate, and the estate of Joan M. Churinetz, for claimed misuse of the right of way. After a trial to the court, judgment was rendered for the plaintiff.

The court concluded as follows: (1) that the present use of the...

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