Diserio Martin O'Connor & Castiglioni LLP

Firm Wins Connecticut Supreme Court Case on Behalf of Condominium Developer

April 1, 2011

Richard E. Castiglioni and Jonathan J. Kelson successfully represented a condominium developer in the Connecticut Supreme Court against a condominium association and a unit owner who appealed the trial court's decision in favor of the firm's client.

The trial court had ruled that the association representing an adjoining condominium complex could not interfere with certain access and utility easement rights of the firm's client, who was in the midst of developing its own multimillion dollar complex. The decision hinged on the proper interpretation of certain language contained in a condominium declaration dating back to the 1980s. The association appealed the trial court's decision, and, in an exceptional move, the Connecticut Supreme Court selected the case for consideration, bypassing the Appellate Court's review. In a highly anticipated decision, the Connecticut Supreme Court affirmed, assuring that the firm's client will enjoy, without interference, the use of its critical access and utility easements.

The case is Harbour Pointe, LLC v. Harbour Landing Condominium Association, Inc., 300 Conn. 254 (2011).