Leposky v. Fenton

Opinion

SCHALLER, J.

The defendant Tammy Fenton1 appeals from the judgment of the trial court, rendered after a trial to the court, in favor of the plaintiffs, John A. Leposky and Diane Leposky, on the defendant’s counterclaim. On appeal, the defendant claims that the court improperly expanded the plaintiffs’ easement through the doctrine of reasonable use. We conclude that the court improperly expanded the easement and, accordingly, reverse the judgment of the trial court.2

*776The following facts are relevant to the defendant’s appeal. The parties own adjoining residential parcels in Shelton. The…