Legal Opinion · Dissent

Ace Equipment Sales, Inc. v. Buccino

Connecticut Appellate Court

Decided April 27, 2004No. AC 23383Published

1DissentSchaller, J.

In determining that the trial court properly rendered summary judgment in favor of the defendants, Thomas Buccino and lima Buc-cino, the majority concludes that the ownership of the subaqueous land was not a material fact. To reach that conclusion, in the absence of definitive appellate case law in Connecticut concerning recreational use of private bodies of water, the majority adopts as the law of Connecticut a doctrine known as civil law rale that has been applied by several state courts, in particular, the courts of Minnesota and Michigan. Although I agree that, given the dearth of…

2Cases cited12 opinions

  1. Lamprey v. StateSupreme Court of Minnesota · 1893
  2. Miller v. Lutheran Conference and Camp Ass'nSupreme Court of Pennsylvania · 1938
  3. Baker v. Normanoch Ass'n, Inc.Supreme Court of New Jersey · 1957
  4. Elder v. DelcourSupreme Court of Missouri · 1954
  5. Beckman v. KreamerIllinois Supreme Court · 1867

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