Jepsen v. Camassar

Citations

• 196 Conn. App. 97

Syllabus

The plaintiffs, who held a warranty deed to real property in a subdivision and a quitclaim deed to an undivided one-forty-eighth interest in a beach that was subject to certain restrictive covenants, brought an action against the defendants, who also owned real property in the subdivision, seeking a declaration that a 2011 modification to the restrictive cove- nants of the beach deed was null and void. In 2014, a modification that contained an extensive revision of the restrictive covenants governing the use of the beach was filed in the land records, causing the plaintiffs A and B to amend the complaint to seek a declaratory judgment that the 2014 modification was null and void. The case was tried to the court, which rendered judgment in part in favor of the defendants, declaring that the 2011 modification was null and void but that the 2014 modifica- tion was valid and in full force and effect. A and B thereafter filed a motion for attorney's fees and costs, which the court denied. A and B appealed to this court, which, inter alia, reversed the trial court's judg- ment in favor of the defendants on the declaratory judgment count with respect to the 2014 modification, concluding that the 2014 modification was not valid and in full force and effect, and affirmed the court's judgment in favor of the defendants on A and B's claim for attorney's fees and costs. The trial court, on remand, rendered judgment declaring the 2014 modification invalid. Subsequently, A and B filed postjudgment motions for equitable relief and for fees and costs and a motion to open the judgment, which the court denied. On A and B's appeal to this court, held: 1. The claim of A and B that the trial court improperly denied their postjudg- ment motion for equitable relief because this court's order of remand in the first appeal required the trial court to address their claims for quiet title and injunctive relief was unavailing, as the relief sought by A and B was beyond the scope of this court'