Jessica Fitzgerald v. LLC (2009)

MEMORANDUM OF DECISION RE ENTRY AND DETAINER ACTION

Plaintiff Jessica Fitzgerald brings this action in Entry and Detainer through which she seeks, inter alia, a temporary and permanent injunction restraining defendants Raymond M. Sikorski and Sunny Bit Farms, LLC from entering upon the premises, known as 77 Tater Hill Road in East Haddam, Connecticut, or in any manner interfering with her use and enjoyment of the premises and/or the horse farm business which operates thereon.

The court has reviewed the testimony presented during the trial, assessed the credibility of the witnesses, and has reviewed the exhibits.   From the evidence the court finds the facts and draws the conclusions which are hereinafter articulated.

Raymond Sikorski and Jessica Fitzgerald had a long-term romantic relationship.   Each owned a house in which they lived as a couple.   Jessica Fitzgerald's house was situated at 101 Clear View Road in Moodus, Connecticut.   She sold her house and on January 2, 2001 moved into a house owned by Raymond Sikorski on premises known as 77 Tater Hill Road in East Haddam, Connecticut, which he purchased in 1994.   The premises consist of several acres.

The parties shared the master bedroom at 77 Tater Hill Road and were engaged.   Jessica Fitzgerald has a condition in her eyes which although rendering her legally blind, allows her to have muted peripheral vision sufficient to walk unassisted.   She uses a sight-assisting hand-held device to read text.   The parties came to the impression that in light of Jessica Fitzgerald's eye condition a marriage would have a negative consequence on the insurance benefits that she would receive.   Therefore, they cancelled the plan to marry and decided to live together informally as husband and wife.   Raymond Sikorski held Jessica Fitzgerald out to the public as his wife.   Exhibit 44, the saying on a plaque which he gave to her, is emblematic of his “marriage-like” commitment.¹

The plaintiff purchased the groceries and ran the household.   In addition to his full-time employment with a municipality defendant Raymond Sikorski maintained a landscaping business the records of which were kept in a cabinet in his office in the basement of the house.

Jessica Fitzgerald testified that Raymond Sikorsky said that they would live together as if married and that he would put her name on the property at 77 Tater Hill Road. Even though they were not married, he gave her cards addressed to her as his wife and he gave cards to her child referring to her as “daughter.”   In public he referred to Jessica as his wife.

The parties discussed operating a horse boarding/riding/training business on the property.   Trees were felled.   Sixteen paddock areas and a pasture were created.   Two barns were erected.

Jessica Fitzgerald assisted in the construction of the two barns:  a five-stall barn, known as the small barn;  and a ten-stall barn, known as the big barn.   She placed horses in the small barn in 2001.   The big barn was completed in 2004.   The big barn has an indoor riding ring, a wash stall, a tack room and toilet facilities.

In general Jessica Fitzgerald contributed significantly to improvements of the premises at 77 Tater Hill Road. She contributed approximately $27,000 toward the expense of constructing the small barn, and $10,800 toward the expenses of constructing the big barn.   In addition, she expended significant sweat equity in improving the properties.   She also contributed $5,000 to erect a deck on the house.

Jessica Fitzgerald has a Bachelors of Arts degree in Pre-veterinary Science with a concentration in large animals.   She is particularly skilled in the training and handling of domestic horses.

Jessica Fitzgerald used the small barn and the big barn.   In January of this year she had three horses in the big barn.   She and one of the daughters rode in the big barn on a regular basis.   She has two daughters;  Aaron, age 18, and Julie, age 12.   Her daughters played in both barns.

Sunny Bit Farm, LLC, was established on January 4, 2005 by Raymond Sikorski, for it was on that date that he, as its only member, filed its Articles of Organization with the Office of the Secretary of State of Connecticut.   Sunny Bit Farms, LLC operated the business of boarding, training and riding of horses on the premises.   Its first boarder was placed in the small barn in February 2005.   The name of that horse was Jack Pot. The first boarder in the large barn, taken in January of 2006, was a horse named May Day.

During the trial Raymond Sikorski introduced numerous Boarding and Riding Contracts,² which the owners of horses entered into with Sunny Bit Farms, LLC. He signed the contracts in his capacity as Manager on behalf of Sunny Bit Farms, LLC. These contracts, covering the period of 2006 through 2008, are referred to in footnote number 2.³

Prior to February 28, 2009, Jessica Fitzgerald had the primary responsibility of taking care of the horses and providing riding lessons.   Raymond Sikorski was employed on a full time basis by the Public Works Department of the Town of Colchester.   However, during the time that he was available he also fed and watered the horses.   Jessica Fitzgerald worked from 7 a.m. until 8 p.m. caring for the horses during the summer months.   Owners of boarded horses made their payment checks out to Sunny Bit Farms.

Raymond Sikorski testified that Jessica Fitzgerald informed him that she wished to have the title to 77 Tater Hill Road placed solely in her name, and she had no interest in having her name placed on the business of Sunny Bit Farms, LLC.

In October 2008 Raymond Sikorsky placed the entire property for sale, and explained to the plaintiff that he had to sell it or he was going to lose it.   He later withdrew the listing.   However, he decided to lease the horse boarding business to another person;  namely, Lindsey Willard.   It was Raymond Sikorski's intention to have Lindsey Willard manage the horse boarding, riding and horse training business of Sunny Bit Farms, LLC in return for her paying to him a flat fee.   In a letter, dated January 1, 2009, Sunny Bit Farms, LLC informed the owners of boarded horses of its decision.   The letter, which was unsigned, is produced below.

This is to inform you that as of February 1, 2009, the management and training at our barn, Sunnybit [sic] Farm will be taken over by Lindsay Willard.

We hope that you are happy with the care your horse is receiving and we would like you to continue to board your horse with us.   Lindsay has many years experience caring for and training horses and we are very excited with her addition and we feel you will be happy with the change in barn management to Lindsay.

You will receive a revised contract and your board checks should be made payable to Lindsay.   Lindsay has offered to make herself available to answer any questions or concerns you may have prior to February 1st.   Please feel free to let us know if you would like to meet with her.

Sincerely

[Italics added.]

Only one of the boarders remained with Sunny Bit Farms.

On the morning of February 28, 2009, Lindsay Willard arrived at 77 Tater Hill Road. She was accompanied by two individuals;  namely, Ronald Gross ⁴ and Emily Wilson.   At that time the stalls in the Big Barn were not physically occupied, for the reason that the horses assigned to the Big Barn were out in the pasture or on other parts of the grounds.   Lindsay Willard, Ronald Gross, and Emily Wilson cleaned the stalls.   In late morning of February 28, Lindsay Willard started filling the big barn with her horses.   Observing this, Jessica Fitzgerald protested and told Raymond Sikorski that he had no right to allow someone else to run the horse business.   Raymond Sikorski told the plaintiff that the entire horse business has been rented to Lindsay Willard.   He directed Jessica Fitzgerald to move her belongings (i.e.tack, blankets, etc.) to the small barn.   She resisted, and attempted to remove one of Lindsay Willard's horses from the Big Barn. Voices were raised and the police summoned.   Later that morning the plaintiff was arrested and charged with disorderly conduct.

The plaintiff testified that no one has stopped her from using the big barn.   The defendants have not stopped the plaintiff from using the premises, including using the facilities (i.e. riding rink, rest facilities, etc.) of the big barn.   Furthermore, Raymond Sikorski testified that there are two stalls and tack lockers for the plaintiff in the big barn.   Nevertheless, the plaintiff has not used the big barn since February 28.

Thereafter plaintiff Jessica Fitzgerald commenced this Entry and Detainer Action,⁵ in which she claims that the defendants improperly removed her from certain portions of the premises and detained her property.   The detention claim pertains primarily to two horses.   Additional claims and facts will be presented as necessary.   The statute governing an Entry and Detainer Action is § 47a-43, the pertinent parts of which are quoted below:

a) When any person (1) makes forcible entry into any land, tenement or dwelling unit and with a strong hand detains the same, or (2) having made a peaceable entry, without the consent of the actual possessor, holds and detains the same with force and strong hand, or (3) enters into any land, tenement or dwelling unit and causes damage to the premises or damage to or removal of or detention of the personal property of the possessor, or (4) when the party put out of possession would be required to cause damage to the premises or commit a breach of the peace in order to regain possession, the party thus ejected, held out of possession, or suffering damage may exhibit his complaint to any judge of the Superior Court.

Additional Claims

In addition to claiming that Raymond Sikorski wrongfully removed her from certain portions of the premises, Jessica Fitzgerald asserts that he locked her out of several paddocks used by the horses.   Raymond Sikorski's response is that he had planted grass seed in the area covered by three of the sixteen paddock areas, and locked those paddocks to protect the areas so that the grass would grow there.   The vast majority of the paddocks were not locked.

Jessica Fitzgerald further claims that Raymond Sikorski locked her out his office and the cabinet in the basement area-the area to which he moved to live in February of 2009.   Raymond Fitzgerald countered that he was safeguarding his business records.   He admitted to locking his 10 feet by 10 feet office in the basement.   The office contained business records for his landscaping business and the records for Sunny Bit Farms, LLC. Also she claims that he locked her out of the bathroom in the basement to which he replied that he locked the door because someone was removing items from the bathroom, and that there are three bathrooms in the house.   As to her claim that he locked the trailer situated on the property, he responded that he locked it to secure his personal property, i.e. tools.   Finally, defendant Raymond Sikorski admits that he locked the electrical panel in the barn because someone was turning off the power that fed it.   Plaintiff Jessica Fitzgerald also claims that defendant Raymond Sikorski removed and sold two horses that she owned, and sold them without her permission.   The Court finds that the evidence of ownership is mixed, and that the plaintiff has not proved that she had ownership of the horses.

Appellate Case Authority

The case of Czaplicki v. Ogren, 87 Conn.App. 779 (2005) is useful in analyzing some of the entry and detainer claims in this action.  Czaplicki, supra, involves a joint venture.   One of the partners in the joint venture physically locked out the other partner from the premises of the joint venture, used the threat of physical force in excluding that party from using the building and detained the personal property of the other partner, all in violation of § 47a-43.   For these reasons, among others, the Appellate Court upheld the trial court's finding of a violation of the entry and detainer statute.

Findings & Conclusions

The Court finds that in the context of this Entry and Detainer Action, in view of the contributions made by plaintiff Jessica Fitzgerald she had and has an equitable interest in possession of the premises at 77 Tater Hill Road. The Court finds that defendant Raymond Sikorski had and has a title interest and a right to possession in the premises at 77 Tater Hill Road, as well as an ownership and management interest in Sunny Bit Farms, LLC.

The court finds that since Raymond Sikorski is the only Member of Sunny Bit Farms, LLC, and he signed the boarding contracts as Manager of the LLC,⁶ he had the authority to change the day-to-day management of the horse business of the LLC. Therefore, he had and exercised the right to lease the operation of the horse business of Sunny Bit Farms, LLC to Lindsay Willard, despite the plaintiff's claim of interest.

The Court finds that the plaintiff has not proved her claim of ownership of Bubba and Spenser, the two horses involved in the parties' conflicting claim of ownership of the equines.   The Court further finds that Raymond Sikorski has not removed or detained any of the plaintiff's personal property.

Conclusion

In conclusion the Court finds that in this case plaintiff Jessica Fitzgerald has not proved that defendant Raymond Sikorski and/or Sunny Bit Farms, LLC.

(1) make[d] forcible entry into any land, tenement or dwelling unit and with a strong hand detain[ed] the same, or (2) having made peaceable entry, without the consent of the actual possessor, holds and detains the same with force and strong hand, or (3) enter[ed] into any land, tenement or dwelling unit and cause[d] damage to the premises or damage to or removal of or detention of the personal property of the possessor, or (4) [under circumstances that would require] the party put out of possession ․ to cause damage to the premises or commit a breach of the peace in order to regain possession ․

§ 47a-43.

Since plaintiff Jessica Fitzgerald has not proved her claims asserted under the Entry and Detainer Statute, plaintiff's petition for a writ of restitution is denied.⁷  The Court finds that defendants Raymond Sikorski and Sunny Bit Farms, LLC are not guilty of the plaintiff's charges under the statute.   See C.G.S. § 47a-45a.

Accordingly, Judgment enters for the defendants.

ORDER

It is Ordered that plaintiff Jessica Fitzgerald not interfere with the right of Sunny Bit Farms, LLC to continue with its leasing of its horse business on the premises.

Clarance J. Jones, Judge

FOOTNOTES

FN1. Grow old along with me.   The best is yet to be ․ Robert Browning.   (Italics added.).  FN1. Grow old along with me.   The best is yet to be ․ Robert Browning.   (Italics added.)

FN2. The Boarding and Riding Contracts, executed by Raymond Sikorski as Manager on behalf of Sunny Bit Farms, LLC are set forth as the following Exhibits:  LL, U, V, W, X, Y, and EE (signed in calendar year 2006);  B, AA, BB, CC, F, G and E (signed in calendar year 2007);  A, D, H, and DD (signed in calendar year 2008)..  FN2. The Boarding and Riding Contracts, executed by Raymond Sikorski as Manager on behalf of Sunny Bit Farms, LLC are set forth as the following Exhibits:  LL, U, V, W, X, Y, and EE (signed in calendar year 2006);  B, AA, BB, CC, F, G and E (signed in calendar year 2007);  A, D, H, and DD (signed in calendar year 2008).

FN3. The plaintiff introduced two riding contracts (Exhibit 46).   One of the contracts, dated December 3, 2007, is between her, as instructor, and Nancy Watkinson, the rider, and the other is between Heidi Beauchamp, as the rider.   The name of the instructor is blank..  FN3. The plaintiff introduced two riding contracts (Exhibit 46).   One of the contracts, dated December 3, 2007, is between her, as instructor, and Nancy Watkinson, the rider, and the other is between Heidi Beauchamp, as the rider.   The name of the instructor is blank.

FN4. Ronald Gross, M.D. is the uncle of Raymond Sikorski..  FN4. Ronald Gross, M.D. is the uncle of Raymond Sikorski.

FN5. The plaintiff also brought a Civil Action in this court (No. CV 095006348) in which she seeks, inter alia, a judicial determination that she owns a one-half interest in the premises at 77 Tater Hill Road, as well as in the businesses in which Raymond Sikorski has an ownership interest, including Sunny Bit Farms, LLC.In addition the plaintiff has obtained a Restraining Order in a separate case which removed Raymond Sikorski from the premises.   He presently lives in the premises owned by Raymond Gross, M.D., who is assisting him with legal expenses.Raymond Sikorski brought a Summary Process Action against Jessica Fitzgerald.   That action is pending..  FN5. The plaintiff also brought a Civil Action in this court (No. CV 095006348) in which she seeks, inter alia, a judicial determination that she owns a one-half interest in the premises at 77 Tater Hill Road, as well as in the businesses in which Raymond Sikorski has an ownership interest, including Sunny Bit Farms, LLC.In addition the plaintiff has obtained a Restraining Order in a separate case which removed Raymond Sikorski from the premises.   He presently lives in the premises owned by Raymond Gross, M.D., who is assisting him with legal expenses.Raymond Sikorski brought a Summary Process Action against Jessica Fitzgerald.   That action is pending.

FN6. As noted earlier, checks for boarding services were payable to Sunny Bit Farms, LLC..  FN6. As noted earlier, checks for boarding services were payable to Sunny Bit Farms, LLC.

FN7. It is noted that plaintiff Jessica Fitzgerald has continued to have possession of the premises, and that as a result of a Restraining Order defendant Raymond Fitzgerald resides elsewhere..  FN7. It is noted that plaintiff Jessica Fitzgerald has continued to have possession of the premises, and that as a result of a Restraining Order defendant Raymond Fitzgerald resides elsewhere.

Jones, Clarance J., J.