Abel v. Johnson

• Decision Date: 14 January 2020
• Court: Connecticut Supreme Court
• Parties: Michael ABEL et al. v. Celeste M. JOHNSON

334 Conn. 917
222 A.3d 104 (Mem)

Michael ABEL et al.
v.
Celeste M. JOHNSON

Supreme Court of Connecticut.

Decided January 14, 2020

John R. Harness, in support of the petition.

Heather M. Brown Olsen, in opposition.

The plaintiffs' petition for certification to appeal from the Appellate Court, 194 Conn. App. 120, 220 A.3d 843 (2019), is granted, limited to the following issues:

"1. Does the ‘subject to’ language in the deeds only provide notice of prior restrictions or does it have the substantive effect of creating new obligations on the grantees and their successors?

"2. Did the Appellate Court correctly determine that the plaintiffs lacked standing to enforce the restrictive covenant in the original deed that limited the use of the defendant's property for residential purposes only?"