2006 Ct. Sup. 540
No. CV05-4001589 SConnecticut Superior Court Judicial District of Middlesex at Middletown
January 13, 2006
CLARIFICATION OF JUDGMENT
ROBERT F. McWEENY, JUDGE.
This case concerning a boundary dispute between abutting property owners was tried before the court which on October 20, 2005 issued a memorandum of decision entering a judgment fixing the boundary between the parties.
The plaintiff on October 25, 2005, filed a motion to open, re-argue and rectify judgment.
The primary issue in the case was the determination of the location of an “old wood road” referenced in deeds to the property at issue.
The court in resolving the case found that the “old wood road” was best represented by defendants’ Exhibit LL, a reprint of a survey with an overlay of a planometric map based on an aerial survey company. The memorandum of decision at page four references the “yellow line” on Exhibit LL as the boundary course, when in fact it is a reference to the “old wood road” from which the property boundary line is determined.
The court clarifies its judgment by indicating that the “yellow line” on Exhibit LL is found to represent the “old wood road” from which the property line is measured as set out in the deeds. CT Page 541