ernest2
May 18, 2000, 10:42 PM
Robert T Crook wrote:
>
> ----- Original Message -----
> From: Robert T Crook <[email protected]>
> Sent: Thursday, May 18, 2000 9:31 AM
> Subject: Gun club wins in court against developer
>
> > Gun club wins in court against developer
> > May 12 2000 12:00AM By By Rick Guinness Journal Inquirer
> >
> >
> > Judge gives group land based on 'squatter's rights' defense
> >
> > SOMERS - A New Britain Superior Court judge on Thursday gave the Somers
> > Sportsmen's Association gun club the land on which it has operated for
> more
> > than 40 years but has not owned, citing a law that dates from feudal
> times.
> >
> >
> > Lawyer John Parks, who defended the gun club in a lawsuit brought by a
> > developer who had bought the land from the heirs of previous owners, had
> > used a statute known as "adverse possession" in arguing the case.
> >
> >
> > "Adverse possession" is a little-used method of acquiring title, according
> > to Parks. It says that if someone visibly occupies property for 15 years
> or
> > more without permission of the owner, that property can be awarded to
> them.
> >
> >
> > Parks referred to it as "squatter's rights."
> >
> >
> > Judge Arnold Aronson said in his decision, which was released Thursday,
> that
> > Parks had proved the club met the criteria for "adverse possession."
> >
> >
> > Parks described the victory as "huge."
> >
> >
> > "They gave us the heart of the property," he said.
> >
> >
> > Parks argued that the Somers gun club had been on the land since 1957,
> when
> > Robert A. Galbraith - who owned 45 acres on Denison Road in Somers and 20
> > acres in Stafford - gave verbal permission for the club to operate on 23
> > acres of his land.
> >
> >
> > The permission to use that land "terminated on the date of Galbraith's
> death
> > on Nov. 23, 1967," he contended, and none of the subsequent owners ever
> gave
> > the club permission to be there.
> >
> >
> > Judge cites property improvements
> >
> >
> > Galbraith had set up a trust for his mother and sisters, administered by
> > Connecticut Bank and Trust - now Fleet Bank. When they died, the land was
> > left to Galbraith's nephews Tyrone W. G. Marshall and Thomas V. Marshall
> in
> > 1996.
> >
> >
> > In order to protect its interest in the land, the club offered to buy the
> > entire 65 acres from the Marshalls for $250,000, and lease the house they
> > live in back to them for $700 per month.
> >
> >
> > However, the Marshalls decided to sell the land to lawyer Bruce Tyler for
> > $250,000, with a rent deal of $300 a month. Tyler, who set up a
> corporation
> > called Top of the Town LLC, which was expected to build new homes on the
> > property, took title Oct. 23, 1997, and soon tried to evict the gun club.
> >
> >
> > Aronson ruled that the gun club met the criteria for "adverse possession."
> >
> >
> > "The association has made considerable improvements to the premises,
> > including a rifle range, pistol range, skeet shooting range, turkey shoot
> > range, and archery range," Aronson wrote, adding that the association also
> > built a club house, installed two generators and portable toilets that the
> > club maintains, and kept up the landscaping.
> >
> >
> > "All of these facts point to the association acting as an owner of the
> > property with exclusive possession of the premises," he wrote.
> >
> > No attempts to evict club
> >
> >
> > Aronson said that when Galbraith died, "it was incumbent upon his executor
> > and subsequently his trustees to preserve and protect the trust assets,"
> but
> > that the executor "assumed the association was occupying the subject
> > premises as tenants at will."
> >
> >
> > If any of the heirs had made an attempt to kick the association off the
> > property or if they had given permission for association to be there, that
> > would have supported the plaintiff's claim of possession, he said.
> >
> >
> > But "they made no effort to evict the association nor convert the
> > relationship to a possessory interest in the land such as a lease,"
> Aronson
> > wrote, adding that while the club paid taxes on the land, the bank "never
> > undertook to define the relationship of the association with CBT as
> > trustee."
> >
> >
> > Tyler said that the judge's decision points to the bank's actions as
> > basically forfeiting the property.
> >
> >
> > The judge had ruled that the prior attempt on the part of the club to buy
> > the land did not defeat its claim to "adverse possession." It was not a
> > recognition of title, but an attempt to protect what they already
> considered
> > theirs.
> >
> >
> > The judge concluded that the claim of "adverse possession" "spans 30 years
> > of open, exclusive, and hostile use." In this context, hostile means
> > "possession against the claims of others, including the record owner,"
> > according to Black's Law Dictionary.
> >
> >
> > The judge set aside the conveyance of the land to Top of the Town LLC and
> > gave title to the 23 acres to the gun club. The mortgage deed from Top of
> > the Town to the Marshall brothers is declared void.
> >
> >
> > The Marshall brothers were unavailable for comment. And Tyler would not
> say
> > whether he would appeal. The parties have 20 days to decide whether to
> > appeal.
> >
> > Club members elated
> >
> >
> > Club members say they are elated about the decision.
> >
> >
> > Fred Meyers, a member of the club said: "We owe a big debt of gratitude to
> > our past president, Pete Yarusewicz, for starting the process, and ...
> Parks
> > for winning it for us."
> >
> >
> > Association President Arthur Hoza said of the decision: "A lot of people
> > didn't think we would win, that it was a waste of money. But a group of us
> > felt this was our only route of action. If we didn't do this, the club
> would
> > no longer be in existence."
> >
> >
> > Tyler agrees the club has reason to celebrate the decision: He said it
> would
> > be next to impossible to start a gun club today.
> >
> >
> > "The gun club is getting a windfall," Tyler said. "They are getting 23
> acres
> > where they had none before."
> >
> >
> > Hoza said the decision will also benefit non-members in Somers because
> "the
> > land will not be broken up and used for new homes. It will still be open
> > space."
> >
> >
> > Parks began celebrating the decision immediately when he learned of it
> > Thursday, running over to the Somers Inn, where he ordered an Irish coffee
> > and lit up a cigar.
> >
> >
> > But he has another celebration in mind.
> >
> >
> > Ancient ritual planned
> >
> >
> > Half way through his drink, while reflecting on his victory, Parks
> recalled
> > an ancient custom by which land was passed from one to another in feudal
> > times.
> >
> >
> > A person could convey land by performing the "livery of seisin" ritual,
> > which involved handing over a clod or twig, which represented "seisin,"
> the
> > holding of an estate by physical possession.
> >
> >
> > Because the adverse possession defense was rooted in feudal law, Parks
> > realized that a livery of seisin ritual is in order. So he finished his
> > drink, drove over to the Sportsman's Association, and collected a cup full
> > of dirt, which he says he will present to his client, at a time and place
> to
> > be announced.
> > *****
> >
> > Crowd packs school for Sportsmen's victory ritual
> > May 16 2000 12:00AM By By Rick Guinness Journal Inquirer
> >
> > SOMERS - A crowd of more than 60 packed the Kibbe Fuller School meeting
> room
> > Monday - and many more stood in the hallway outside - to celebrate the
> > Somers Sportsmen's Association's court victory that keeps it on its
> Denison
> > Road land.
> >
> >
> > In the "livery of seisin" rite, lawyer John Parks, who represented the
> > association, took a cup of dirt from the 23 acres the club has used for
> more
> > than 40 years and handed it to past club president Pete Yarusewicz, who
> > handed it on to current president Arthur Hoza. He will keep the cup, and
> > pass it on to the group's next president.
> >
> >
> > In New Britain Superior Court last Thursday, the association won the right
> > to stay on the land. The court ruled against developer Top of the Town
> LLC,
> > which wanted to evict the association and build a subdivision on the land.
> >
> >
> > "Let me tell you, it was possession that won the case," Parks told the
> > crowd. "You guys possessed this property as exclusively as anyone I've
> ever
> > seen. So it's fitting we have a livery of seisin to commemorate the
> official
> > possession of the property you now own."
> >
> >
> > In 1957, landowner Robert Galbraith gave the club permission to use 23 of
> > his 65 acres. Galbraith died in 1967; the club stayed on the land, fenced
> it
> > off, ran its activities, made significant improvements, and all without
> > permission from any of the subsequent owners.
> >
> >
> > Lawyer Bruce Tyler bought the land from Galbraith's nephews in 1997, and
> > began proceedings to evict the club.
> >
> >
> > Several association members said they feared the court would rule against
> > them, because of anti-gun sentiment around the nation - pointing to media
> > coverage of this past weekend's Million Mom March. "I thought the media's
> > anti-gun bias might go against us," said Louis Agro, 69, a member since
> > 1971.
> >
> >
> > Hoza and Yarusewicz, however, said they never doubted the club's case.
> Their
> > comrades were not so sure, saying a loss probably would have disbanded the
> > club.
> >
> >
> > After Judge Arnold Aronson's decision was released Thursday, Parks seized
> on
> > the idea for the ceremony, a rite from medieval times used to symbolize
> the
> > transfer of land.
> >
> >
> > As part of the celebration, members applauded Friday afternoon newspaper
> > headlines about the victory, gave Parks a standing ovation, made him an
> > honorary member of the association, and promised to buy him a cannon to
> put
> > in his front yard.
> >
> >
> > Parks said he was humbled by the reception, and said he could "feel the
> > energy in the room." At one point, while thanking individual
> >
> > members, he had to choke back tears when he mentioned Earl Provencher, a
> > past president who died March 1, before the decision was announced.
> >
> >
> > Provencher's son, Mike Provencher, said he is sure his father is aware of
> > the victory.
------------------
GUN CONTROL puts THE CONTROL
in the hands of THE CRIMINALS.
-----------------------------------------------
In 2000, we must become politically active in
support of gun rights or we WILL LOSE the right
& the freedom.
-------------------------
NO FATE BUT WHAT WE MAKE!!!
----------------------
Every year,over 2 million Americans use firearms
not to take live but to preserve life,....limb & family
.Gun Control Democrats would prefer that they are all disarmed
and helpless and die victims of felony violence,instead.
Protect your gun rights, go to:
http://home.xnet.com/~gizmonic/TheMarch.html
and sign up as a helper or attendee or state organizer.
ernest2, Conn. CAN opp. "Do What You Can"!
http://thematrix.acmecity.com/digital/237/cansite/can.html
>
> ----- Original Message -----
> From: Robert T Crook <[email protected]>
> Sent: Thursday, May 18, 2000 9:31 AM
> Subject: Gun club wins in court against developer
>
> > Gun club wins in court against developer
> > May 12 2000 12:00AM By By Rick Guinness Journal Inquirer
> >
> >
> > Judge gives group land based on 'squatter's rights' defense
> >
> > SOMERS - A New Britain Superior Court judge on Thursday gave the Somers
> > Sportsmen's Association gun club the land on which it has operated for
> more
> > than 40 years but has not owned, citing a law that dates from feudal
> times.
> >
> >
> > Lawyer John Parks, who defended the gun club in a lawsuit brought by a
> > developer who had bought the land from the heirs of previous owners, had
> > used a statute known as "adverse possession" in arguing the case.
> >
> >
> > "Adverse possession" is a little-used method of acquiring title, according
> > to Parks. It says that if someone visibly occupies property for 15 years
> or
> > more without permission of the owner, that property can be awarded to
> them.
> >
> >
> > Parks referred to it as "squatter's rights."
> >
> >
> > Judge Arnold Aronson said in his decision, which was released Thursday,
> that
> > Parks had proved the club met the criteria for "adverse possession."
> >
> >
> > Parks described the victory as "huge."
> >
> >
> > "They gave us the heart of the property," he said.
> >
> >
> > Parks argued that the Somers gun club had been on the land since 1957,
> when
> > Robert A. Galbraith - who owned 45 acres on Denison Road in Somers and 20
> > acres in Stafford - gave verbal permission for the club to operate on 23
> > acres of his land.
> >
> >
> > The permission to use that land "terminated on the date of Galbraith's
> death
> > on Nov. 23, 1967," he contended, and none of the subsequent owners ever
> gave
> > the club permission to be there.
> >
> >
> > Judge cites property improvements
> >
> >
> > Galbraith had set up a trust for his mother and sisters, administered by
> > Connecticut Bank and Trust - now Fleet Bank. When they died, the land was
> > left to Galbraith's nephews Tyrone W. G. Marshall and Thomas V. Marshall
> in
> > 1996.
> >
> >
> > In order to protect its interest in the land, the club offered to buy the
> > entire 65 acres from the Marshalls for $250,000, and lease the house they
> > live in back to them for $700 per month.
> >
> >
> > However, the Marshalls decided to sell the land to lawyer Bruce Tyler for
> > $250,000, with a rent deal of $300 a month. Tyler, who set up a
> corporation
> > called Top of the Town LLC, which was expected to build new homes on the
> > property, took title Oct. 23, 1997, and soon tried to evict the gun club.
> >
> >
> > Aronson ruled that the gun club met the criteria for "adverse possession."
> >
> >
> > "The association has made considerable improvements to the premises,
> > including a rifle range, pistol range, skeet shooting range, turkey shoot
> > range, and archery range," Aronson wrote, adding that the association also
> > built a club house, installed two generators and portable toilets that the
> > club maintains, and kept up the landscaping.
> >
> >
> > "All of these facts point to the association acting as an owner of the
> > property with exclusive possession of the premises," he wrote.
> >
> > No attempts to evict club
> >
> >
> > Aronson said that when Galbraith died, "it was incumbent upon his executor
> > and subsequently his trustees to preserve and protect the trust assets,"
> but
> > that the executor "assumed the association was occupying the subject
> > premises as tenants at will."
> >
> >
> > If any of the heirs had made an attempt to kick the association off the
> > property or if they had given permission for association to be there, that
> > would have supported the plaintiff's claim of possession, he said.
> >
> >
> > But "they made no effort to evict the association nor convert the
> > relationship to a possessory interest in the land such as a lease,"
> Aronson
> > wrote, adding that while the club paid taxes on the land, the bank "never
> > undertook to define the relationship of the association with CBT as
> > trustee."
> >
> >
> > Tyler said that the judge's decision points to the bank's actions as
> > basically forfeiting the property.
> >
> >
> > The judge had ruled that the prior attempt on the part of the club to buy
> > the land did not defeat its claim to "adverse possession." It was not a
> > recognition of title, but an attempt to protect what they already
> considered
> > theirs.
> >
> >
> > The judge concluded that the claim of "adverse possession" "spans 30 years
> > of open, exclusive, and hostile use." In this context, hostile means
> > "possession against the claims of others, including the record owner,"
> > according to Black's Law Dictionary.
> >
> >
> > The judge set aside the conveyance of the land to Top of the Town LLC and
> > gave title to the 23 acres to the gun club. The mortgage deed from Top of
> > the Town to the Marshall brothers is declared void.
> >
> >
> > The Marshall brothers were unavailable for comment. And Tyler would not
> say
> > whether he would appeal. The parties have 20 days to decide whether to
> > appeal.
> >
> > Club members elated
> >
> >
> > Club members say they are elated about the decision.
> >
> >
> > Fred Meyers, a member of the club said: "We owe a big debt of gratitude to
> > our past president, Pete Yarusewicz, for starting the process, and ...
> Parks
> > for winning it for us."
> >
> >
> > Association President Arthur Hoza said of the decision: "A lot of people
> > didn't think we would win, that it was a waste of money. But a group of us
> > felt this was our only route of action. If we didn't do this, the club
> would
> > no longer be in existence."
> >
> >
> > Tyler agrees the club has reason to celebrate the decision: He said it
> would
> > be next to impossible to start a gun club today.
> >
> >
> > "The gun club is getting a windfall," Tyler said. "They are getting 23
> acres
> > where they had none before."
> >
> >
> > Hoza said the decision will also benefit non-members in Somers because
> "the
> > land will not be broken up and used for new homes. It will still be open
> > space."
> >
> >
> > Parks began celebrating the decision immediately when he learned of it
> > Thursday, running over to the Somers Inn, where he ordered an Irish coffee
> > and lit up a cigar.
> >
> >
> > But he has another celebration in mind.
> >
> >
> > Ancient ritual planned
> >
> >
> > Half way through his drink, while reflecting on his victory, Parks
> recalled
> > an ancient custom by which land was passed from one to another in feudal
> > times.
> >
> >
> > A person could convey land by performing the "livery of seisin" ritual,
> > which involved handing over a clod or twig, which represented "seisin,"
> the
> > holding of an estate by physical possession.
> >
> >
> > Because the adverse possession defense was rooted in feudal law, Parks
> > realized that a livery of seisin ritual is in order. So he finished his
> > drink, drove over to the Sportsman's Association, and collected a cup full
> > of dirt, which he says he will present to his client, at a time and place
> to
> > be announced.
> > *****
> >
> > Crowd packs school for Sportsmen's victory ritual
> > May 16 2000 12:00AM By By Rick Guinness Journal Inquirer
> >
> > SOMERS - A crowd of more than 60 packed the Kibbe Fuller School meeting
> room
> > Monday - and many more stood in the hallway outside - to celebrate the
> > Somers Sportsmen's Association's court victory that keeps it on its
> Denison
> > Road land.
> >
> >
> > In the "livery of seisin" rite, lawyer John Parks, who represented the
> > association, took a cup of dirt from the 23 acres the club has used for
> more
> > than 40 years and handed it to past club president Pete Yarusewicz, who
> > handed it on to current president Arthur Hoza. He will keep the cup, and
> > pass it on to the group's next president.
> >
> >
> > In New Britain Superior Court last Thursday, the association won the right
> > to stay on the land. The court ruled against developer Top of the Town
> LLC,
> > which wanted to evict the association and build a subdivision on the land.
> >
> >
> > "Let me tell you, it was possession that won the case," Parks told the
> > crowd. "You guys possessed this property as exclusively as anyone I've
> ever
> > seen. So it's fitting we have a livery of seisin to commemorate the
> official
> > possession of the property you now own."
> >
> >
> > In 1957, landowner Robert Galbraith gave the club permission to use 23 of
> > his 65 acres. Galbraith died in 1967; the club stayed on the land, fenced
> it
> > off, ran its activities, made significant improvements, and all without
> > permission from any of the subsequent owners.
> >
> >
> > Lawyer Bruce Tyler bought the land from Galbraith's nephews in 1997, and
> > began proceedings to evict the club.
> >
> >
> > Several association members said they feared the court would rule against
> > them, because of anti-gun sentiment around the nation - pointing to media
> > coverage of this past weekend's Million Mom March. "I thought the media's
> > anti-gun bias might go against us," said Louis Agro, 69, a member since
> > 1971.
> >
> >
> > Hoza and Yarusewicz, however, said they never doubted the club's case.
> Their
> > comrades were not so sure, saying a loss probably would have disbanded the
> > club.
> >
> >
> > After Judge Arnold Aronson's decision was released Thursday, Parks seized
> on
> > the idea for the ceremony, a rite from medieval times used to symbolize
> the
> > transfer of land.
> >
> >
> > As part of the celebration, members applauded Friday afternoon newspaper
> > headlines about the victory, gave Parks a standing ovation, made him an
> > honorary member of the association, and promised to buy him a cannon to
> put
> > in his front yard.
> >
> >
> > Parks said he was humbled by the reception, and said he could "feel the
> > energy in the room." At one point, while thanking individual
> >
> > members, he had to choke back tears when he mentioned Earl Provencher, a
> > past president who died March 1, before the decision was announced.
> >
> >
> > Provencher's son, Mike Provencher, said he is sure his father is aware of
> > the victory.
------------------
GUN CONTROL puts THE CONTROL
in the hands of THE CRIMINALS.
-----------------------------------------------
In 2000, we must become politically active in
support of gun rights or we WILL LOSE the right
& the freedom.
-------------------------
NO FATE BUT WHAT WE MAKE!!!
----------------------
Every year,over 2 million Americans use firearms
not to take live but to preserve life,....limb & family
.Gun Control Democrats would prefer that they are all disarmed
and helpless and die victims of felony violence,instead.
Protect your gun rights, go to:
http://home.xnet.com/~gizmonic/TheMarch.html
and sign up as a helper or attendee or state organizer.
ernest2, Conn. CAN opp. "Do What You Can"!
http://thematrix.acmecity.com/digital/237/cansite/can.html