Damian Renzello v. Mark Browning et al.

Summary

The Vermont Superior Court granted defendants’ motion for summary judgment on Damian Renzello’s claims of legal title and adverse possession concerning property in East Montpelier, Vermont. The court held that Renzello had no legal or equitable title and that his permissive occupancy did not satisfy the requirements for adverse possession. Renzello’s implied unjust-enrichment claim survived, limited to potential monetary damages, and the court ordered a status conference to address discovery, trial readiness, and possible coordination with a related eviction matter.

Holdings

1. Renzello had no legal or equitable title to the property because he was never conveyed an interest by deed, no enforceable written agreement vested title in him, and the evidence did not establish a recognized exception to Vermont's statute of frauds.
2. Renzello could not establish adverse possession because the evidence did not show open, notorious, hostile, exclusive, and continuous possession under a claim of title or right for at least fifteen years.
3. Renzello's unjust-enrichment claim survived summary judgment because his allegations that he made expenditures to maintain, improve, or add value to property he reasonably expected to retain or acquire could support a restitution claim, although monetary relief only remained available.
4. Because Renzello lacked legal or equitable title, he had no ownership-based right to occupy the property; any continuing right to possession was governed by eviction law rather than ownership.

Questions Presented

1. Whether Damian Renzello had legal or equitable title to the property despite never receiving a deed or other written conveyance.
2. Whether Renzello established a genuine dispute of material fact supporting an adverse-possession claim.
3. Whether Renzello's allegations concerning contributions to the property's purchase, maintenance, or improvement stated a potentially viable unjust-enrichment claim that survived summary judgment.
4. Whether Renzello had an ownership-based right to continue occupying the property.

Disposition

other