Pre-Trial Victory in Adverse Possession Case

The firm represented the Groton Long Point Association, Inc. (“GLPA”) in an adverse possession lawsuit brought by a group of owners of abutting properties on Groton Long Point. The litigation focused on certain narrow rights of way between the abutting properties that the plaintiffs claimed title to by virtue of adverse possession and as easements of necessity. GLPA had taken action over the years to maintain the rights of way and assert ownership over them for the enjoyment of all GLPA members.

Both sides filed pre-trial motions for summary judgment, asking the court to decide the case in their favor based on evidence obtained through pre-trial discovery, without conducting a full trial. The firm argued that GLPA was entitled to immunity from the plaintiffs’ claims because of its quasi-municipal status, and that the plaintiffs could not prove their adverse possession and other claims.

Joe Williams and Sarah Dlugoszewski of the firm’s Litigation Department presented the motion before Judge Steven Jacobs in New London Superior Court. Judge Jacobs returned a decision in GLPA’s favor on the ground that plaintiffs could not meet their burden to show that they adversely possessed the rights of way. In granting GLPA’s motion for summary judgment and denying the plaintiffs’ motion, the court entered a final judgment concluding the lawsuit in favor of GLPA without need of a trial. Read the full decision here.