Delbuono v. Brown Boat Works, Inc.

2 Citing cases

  1. Riffle v. Town of Ledyard Planning and Zoning Commission

    KNLCV166026962S (Conn. Super. Ct. Nov. 28, 2017)

    Where expert testimony conflicts, it becomes the function of the trier of fact to determine the credibility of either expert and in doing so, it can believe all, some or none of the testimony. Procaccini v. Lawrence & Memorial Hospital, Inc., 175 Conn.App. 692, 721, 168 A.3d 538 (2017); DelBuono v. Brown Boat Works, Inc., 45 Conn.App. 524, 541, 696 A.2d 1271, cert. denied, 243 Conn. 906, 701 A.2d 328 (1997); Mobil Oil Corp. v. Zoning Board of Appeals, 35 Conn.App. 204, 212, 644 A.2d 401 (1994). Such a conflict presents an issue of fact determined within the discretion of a commission; such discretion is to be afforded considerable weight by the reviewing court.

  2. Bergan v. Lundgren

    2004 Conn. Super. Ct. 13021 (Conn. Super. Ct. 2004)   Cited 1 times

    Acquiescence in the use and development of an area by a landowner is defined as a consent to the boundary as claimed by an adjoining owner and can estop an acquiescing landowner from pursuing a claim of ownership. See DelBuono v. Brown Boat Works, Inc., 45 Conn.App. 524, 533, 696 A.2d 1271, cert denied, 243 Conn. 906, 701 A.2d 328 (1997). The acquiescence must occur under circumstances that indicate an assent to such a use.