Wiegert v. Pequabuck Golf Club, Inc.

• Decision Date: 08 March 1963
• Citation: 150 Conn. 387,190 A.2d 43
• Court: Connecticut Supreme Court
• Parties: Charles J. WIEGERT v. The PEQUABUCK GOLF CLUB, INC. Supreme Court of Errors of Connecticut

Page 43

190 A.2d 43

150 Conn. 387

Charles J. WIEGERT v. The PEQUABUCK GOLF CLUB, INC.

Supreme Court of Errors of Connecticut.

March 8, 1963.

Thomas J. O'Donnell, Bristol, with whom was Charles L. Furey, Bristol, for plaintiff.

Frederick W. Beach and Sherwood L. Anderson III, Bristol, with whom were Richard H. Alden, Bristol, and, on the brief, George T. Calder, Bristol, for defendant.

Before BALDWIN, C. J., and KING, MURPHY, SHEA and ALCORN, JJ.

SHEA, Associate Justice.

In this action, the plaintiff sought to enjoin the defendant from committing alleged acts of trespass on the plaintiff's land. The plaintiff also asked damages. After the pleadings were closed, the parties joined in requesting the trial court to reserve the action for the advice of this court. The facts which follow were stipulated.

On May 19, 1942, the plaintiff conveyed certain land to Harry I. Bartholomew, who, on June 6, 1946, conveyed it to the defendant. The deed from the plaintiff to Bartholomew contained the following: 'The Grantee agrees, as a condition of this deed, that the Grantor, or his heirs or assigns, may use said land for agricultural purposes, but not for the purpose of erecting thereon any building or structure, until such time as said land is used for a golf course, and in the event that no such use is made of such premises by the Grantee, or his heirs or assigns, for a period of fifteen years from the date hereof, then said land shall become the property of the Grantor, or his heirs or assigns. If, however, the Grantee, or his heirs or assigns, does, within fifteen * * * years, use said premises for a golf course, but thereafter ceases to use said premises for a golf course for a period of five * * * years, or if they use any of the premises for any purpose other than a golf course, or if the adjoining lands now used for golf purposes are used for other purposes than a golf course, then the title to these premises shall revert to the Grantor, or his heirs, provided the said Grantor, or his heirs, are the owners of the premises adjoining these premises, but if they have assigned said premises to others than heirs, then this deed shall be a valid transfer of all title.' On May 19, 1942, the date of the conveyance to Bartholomew, the defendant was operating a golf course on land approximately 2000 feet southwest of the land conveyed. The land between the golf course and the land conveyed, referred to as 'the adjoining lands now used for golf purposes,' was, in fact, not used for golf purposes on May 19, 1942. It was owned by the city of Bristol and used by the Bristol water commissioners. The parties to the deed of May 19, 1942, contemplated that the defendant would negotiate a lease of these 'adjoining lands,' but they were not used for golf purposes until July 28, 1958, at which time the defendant had obtained a lease.

On July 23, 1956, the defendant wrote a letter to the plaintiff declaring its intention to use the land in controversy. On October 13, 1956, the members of the defendant voted to use this land as a practice area and driving range, and thereafter, at various times, the land was used for those purposes. The defendant erected two signs, one at the clubhouse and one on the land, indicating the availability of the land as a practice area. The defendant mowed the field, removed certain division fences and had commenced excavation at the time this action was brought. The plaintiff did not consent to any of these uses. On or about December 15, 1958...