Moss v. Foster

Opinion

McLACHLAN, J.

This is an action to enforce certain deed restrictions on property owned by the defendants, Brian Foster and Stephanie Foster. The plaintiffs, Andrew Moss and Sharon Moss, appeal from the judgment of the trial court rendered following the granting of the defendants’ oral motion to dismiss for failure to make out a prima facie case. Specifically, the plaintiffs claim that the court (1) applied an incorrect legal standard in granting the defendants’ motion to dismiss under Practice Book § 15-81 and (2) improperly failed *371to conclude that the plaintiffs presented sufficient…