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Property Law Keyed to Dukeminier
Frimberger v. Anzellotti
Facts
Plaintiffs purchased from the Defendant property adjacent to tidal wetlands. The Plaintiffs employed an engineering firm to repair a portion of the structure that rested on a filled in area of the wetland. Upon examination, it was discovered that the Plaintiffs’ structure encroached upon the tidal wetlands boundary and was in violation of state statute. Plaintiff filed suit for damages for breach of the warranty against encumbrances and innocent misrepresentation. The trial court ruled that the area had been filled without obtaining the necessary permits and found the Defendant liable for damages for breach of the above warranty.
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