The owners of a commercial property on Grove Street this month filed a lawsuit against a neighbor, saying the latter created significant problems when it re-striped a shared accessway and parking areas without consultation.
Looking toward the accessway between the two property owners from the south side of the adjoining properties. Credit: Michael Dinan
In its Nov. 8 complaint, the plaintiff—the New Canaan Lumber Company or ‘NCLC,’ owner of 45 Grove St.—said its neighbor (15 Grove Street LLC, owner of 15 and 21 Grove St.) has “irreparably harmed” NCLC with its “self-help re-striping and resulting trespass on the accessway” that leads to the commercial properties.
Businesses in the plaintiff’s building include the New Canaan Racquet Club. Businesses in the defendant’s buildings include Weed & Duryea.
The re-striping has “interfered with NCLC’s use and enjoyment of its property,” according to the complaint, filed on behalf of the plaintiff by attorney Neil Moskow of Fairfield-based Moskow Law Group LLC.
Though the plaintiff “made multiple efforts to explain NCLC’s factual and legal position” regarding its own 2011 agreed-upon re-striping of the accessway and parking areas, the defendant “has failed and refused to acknowledge the longstanding use of the accessway and parking areas and that the re-striping was performed with Grove Street [LLC]’s consent and agreement,” the complaint said.
Looking toward the accessway between the two property owners from the north side of the adjoining properties. Credit: Michael Dinan
“Instead, in a clear attempt to resort to self-help with full knowledge of NCLC’s adverse claims, Grove Street unilaterally re-striped the accessway and parking areas on Dec. 13, 2023, literally after dark and when there was no one there to see,” it said. “The result of this unilateral re-striping without agreement or consent is that available parking was reduced by at least five spaces, which included the elimination of a legally required handicapped accessible space. Moreover, one of the spaces that Grove Street ‘added’ at the end closest to Grove Street obstructs the accessway, as does the extension of the line at the other end.”
The plaintiff is seeking “compensatory damages” and a permanent injunction to restrain the defendant and patrons of its businesses “from parking vehicles, operating equipment or placing any materials in the accessway,” Moskow said in the complaint.
The defendant’s “actions and activities constitute a continuing trespass,” the complaint said.
It continued: “As a consequence, NCLC has been injured and continues to suffer damages. NCLC has no adequate remedy at law and has been irreparably harmed by Grove Street [LLC]’s self-help restriping and resulting trespass on the accessway which has interfered with NCLC’s use and enjoyment of its property.”
An answer to the suit has not yet been filed, according to Connecticut Judicial Branch records.
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