In Re Application for Water Rights of Park County Sportsmens Ranch

The defendant, Roberta Diodato, appeals from the judgment of the trial court quieting title in favor of the plaintiffs, Walter Goodrich and Lois Goodrich. The plaintiffs sought to quiet title to a strip of land that runs along the boundary of their property and that of the defendant in the town of Montville. The plaintiffs also sought damages for trespass, nuisance and interference with the quiet enjoyment of their property, and an order allowing the plaintiffs to remove the fence and steel rods that the defendant had placed on their property. The defendant raised a special defense, asserting that the plaintiffs grantors did not own the disputed land at the time they conveyed it to the plaintiffs, and, therefore, that the deed for that parcel was void. The defendant also filed a counterclaim seeking to quiet title and to collect damages for trespass, adverse possession and the conversion of certain shrubs and bushes.