Lebanon Historical Society, Inc v. Attorney General

Syllabus

The plaintiff historical society sought to quiet title to, and to impose conser- vation and preservation restrictions on, certain real property in the town of Lebanon, including a portion of the town green where the defendant F, a church, was located. The plaintiff sought to ensure that the parcels would always remain dedicated to a public purpose and that reasonable controls would be placed on the property so as to maintain the historic use and character of the town green. The court granted F's motion to dismiss as to the church parcel on the ground that the plaintiff lacked standing and rendered judgment thereon, from which the plaintiff appealed to this court. Held that the trial court correctly concluded that the plaintiff lacked standing to bring the action as to the church parcel because it claimed no title or interest in that parcel as required by the applicable statute (§ 47-31 (a)): because the plaintiff did not have an actual interest in F's property, it did not have standing to bring a quiet title action as to that property, and the plaintiff did not hold any conserva- tion or preservation restrictions on F's property, rather, it sought to create such restrictions; moreover, even assuming that the plaintiff had conservation and preservation restrictions on the majority of the town green, holders of such restrictions have an interest in only the land on which those restrictions exist, not in land that is adjacent to, or con- nected to, that land; furthermore, the plaintiff's general interest in main- taining the public nature of the town green, including F's property, was not an actual interest sufficient to establish standing under § 47-31 (a), and there was no question that the town had standing to impose, and was the proper party to pursue, conservation and preservation restrictions on F's property. Argued October 4—officially released December 21, 2021