ACE EQUIPMENT SALES, INC. v. BUCCINO

No. 17226.

869 A.2d 626 (2005)

273 Conn. 217

ACE EQUIPMENT SALES, INC., et al. v. Thomas BUCCINO et al.

Supreme Court of Connecticut.

Officially released April 5, 2005.


Attorney(s) appearing for the Case

Kirk D. Tavtigian, Jr., Farmington, with whom was David F. Sherwood, Greenwich, for the appellants (plaintiffs).

Francis A. Miniter, for the appellee (named defendant).

Robert Hisey, pro se, Peter Latincsics, pro se, and Jerzy Debski, pro se, the appellees (defendant Robert Hisey et al.), filed a brief.

Donald E. Frechette, William E. Lohnes, Hartford, Ben Robins, pro hac vice, and Andrew Grainger, pro hac vice, filed a brief for the New England Legal Foundation as amicus curiae.

BORDEN, NORCOTT, KATZ, VERTEFEUILLE and ZARELLA, Js.


Opinion

KATZ, J.

The principal issue in this certified appeal1 is whether the owners of property abutting a man-made, nonnavigable pond have the right to use the pond for recreational purposes when the majority of the land beneath the pond is privately owned by another party. The plaintiffs, Ace Equipment Sales, Inc. (Ace), Willington Fish and Game Club, LLC (Willington, LLC), and Willington Fish and Game Club, Inc. (Willington...

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