CHAPTER 916*
INJUNCTIONS

      *Sec. 51-471 et seq. cited. 219 C. 432.

      Cited. 1 CA 439. Sec. 52-471 et seq. cited. 25 CA 28.


Table of Contents

Sec. 52-471. Granting of injunction.
Sec. 52-472. Bond on issue of temporary injunction.
Sec. 52-473. Injunctions may be granted immediately or after notice.
Sec. 52-473a. Enjoining or restraining enforcement of certain environmental or public health laws. Ex parte orders prohibited. Appeal.
Sec. 52-474. Interested persons may appear and be heard.
Sec. 52-475. Dissolution of temporary injunction.
Sec. 52-476. Continuance pending appeal.
Sec. 52-477. Permanent injunction; stay pending appeal.
Sec. 52-478. Removal of stay or dissolution of injunction.
Sec. 52-479. Reservation for advice. Dissolution of injunction.
Sec. 52-480. Injunction against malicious erection of structure.
Sec. 52-481. Abatement of manufacturer's nuisance. Temporary injunction.
Sec. 52-482. Injunction against manufacturing fish oil or manure.
Sec. 52-483. Injunction against sale on execution; adjournment of sale.

      Sec. 52-471. Granting of injunction. (a) Any judge of any court of equitable jurisdiction may, on motion, grant and enforce a writ of injunction, according to the course of proceedings in equity, in any action for equitable relief when the relief is properly demandable, returnable to any court, when the court is not in session. Upon granting of the writ, the writ shall be of force until the sitting of the court and its further order thereon unless sooner lawfully dissolved.

      (b) No injunction may be issued unless the facts stated in the application therefor are verified by the oath of the plaintiff or of some competent witness.

      (1949 Rev., S. 8207; 1967, P.A. 656, S. 49; P.A. 82-160, S. 172.)

      History: 1967 act substituted "sitting" for "in session, whether in term time or vacation"; P.A. 82-160 rephrased the section and inserted Subsec. indicators.

      In general. Discretion of court. 7 C. 50; 12 C. 327; 33 C. 505; 61 C. 258; 71 C. 450; 72 C. 531; 80 C. 426. To be carefully used. 77 C. 402. Issues only where necessary to prevent irreparable injury, and where there is no adequate remedy at law. 14 C. 580; 20 C. 539; 23 C. 433; 33 C. 505; 43 C. 500; 47 C. 573; 54 C. 74; 56 C. 395; 61 C. 258; Id., 516; 62 C. 368; 107 C. 266. Irreparable injury must appear; 73 C. 179; 75 C. 171; 76 C. 79; 82 C. 153; 87 C. 183; nature of injury rather than damages determines question; 52 C. 199; 90 C. 108; what is irreparable injury; 77 C. 345; 82 C. 157; 87 C. 235; mere statement of such injury not enough; facts must appear. 76 C. 79. Inadequacy of legal remedy; 72 C. 201; 76 C. 79; 82 C. 153; Id., 257; 96 C. 528; finding that damages can be no compensation conclusive; 67 C. 497; meaning of "adequate remedy at law"; 54 C. 249; not always refused though there may be a remedy at law; 37 C. 120; proceedings in eminent domain will not be stayed because of facts which will justify remedy in that action. 82 C. 153. Will not issue to aid a bare legal right without equity; 48 C. 30; nor where danger is remote; 80 C. 683; nor where benefit from it is out of proportion to hardship it will cause; 67 C. 538; 70 C. 720; 72 C. 294; 87 C. 23; 90 C. 180; 100 C. 668; 107 C. 115; nor where injury is due to plaintiff's fault. 80 C. 189. But where defendant wilfully and knowingly invades the rights of another, an injunction will lie even though it imposes a great loss on the wrongdoer; 105 C. 475; 107 C. 115; but otherwise if invasion, though illegal, was innocent and bona fide. Id. Mandatory injunction compelling removal of house; when it will lie. Id. Laches as a defense. 70 C. 732; 76 C. 295; 100 C. 668; 105 C. 475. Nature of temporary injunction. 85 C. 650. Effect of injunction to run for limited time. 96 C. 265. Temporary injunction must be instantly obeyed. 102 C. 357. Failure to claim temporary injunction not laches. 105 C. 475. An injunction commanding the repair of a dam pursuant to the terms of a covenant should follow those terms. 147 C. 82. In the case of actions praying for injunctive relief, since the remedy sought is prospective, the right to such relief is determined by the situation which has developed at the time of trial and not by that existing at the time the action was begun. 152 C. 323. Cited. 153 C. 661. Cited. 186 C. 725. Cited. 219 C. 432.

      Cited. 29 CA 716.

      Whether or not plaintiff is entitled to relief is determined, not by situation existing at time of alleged violations, but by that which has developed at time of trial. 21 CS 55. Cited. 23 CS 298. Cited. 39 CS 53, 55.

      Causes for in general. Public nuisance; special injury must appear; 14 C. 578; 17 C. 375; 20 C. 120; 25 C. 35; 31 C. 169; 54 C. 248; 106 C. 327; 107 C. 268; see 80 C. 190; factory as a nuisance. 71 C. 647. Obstruction of way; 79 C. 454; 80 C. 497; 85 C. 545; 107 C. 266; of highway; 79 C. 359; 96 C. 709; 104 C. 619; of ditch; 77 C. 345; of access to shore. 76 C. 300; 80 C. 190. Trespass as basis for. 73 C. 524; 83 C. 418; Id., 581; 85 C. 159; 90 C. 108. Interference with tree on boundary line. 65 C. 380. Building jutting over land; 75 C. 662; covering unused well; 65 C. 382; erected pending suit; 72 C. 201; removing heating plant from building. 75 C. 171. Pollution of stream; 67 C. 494; 72 C. 531; 101 C. 310; see 83 C. 417; diversion of water. 77 C. 530; 80 C. 124. By railroad, against obstruction of track; 65 C. 410; against building parallel street railway; 69 C. 47; against solicitation by hackmen at station. 71 C. 136. To prevent taking of land before compensation made. 70 C. 628. Raising of dam in this state to injury of land in Massachusetts. 52 C. 576. To protect trademark. 33 C. 165; 51 C. 325; 72 C. 646. To protect name of corporation. 83 C. 679. To restrain illegal transfer of patent. 87 C. 74. To enforce agreement in partial restraint of trade. Id.,23. In corporate matters. 73 C. 594; 75 C. 675; 84 C. 275; 96 C. 265; 108 C. 567. To prevent illegal appropriation of town funds; 32 C. 140; but not ordinarily to restrain city council acting within its powers. 60 C. 319. Rarely issues to restrain illegal collection of taxes. 39 C. 406; 42 C. 31; 46 C. 246; 47 C. 296; 103 C. 262; 106 C. 227. To prevent sale of lands under tax warrant. 87 C. 229. Will not issue solely to protect reputation. 62 C. 596. Taxpayer may have, to restrain illegal expenditure by city. 96 C. 512. Violation of common restriction in building development. 100 C. 663; 105 C. 469. Under Federal Prohibition Act. 103 C. 14. Enforcement of charity by attorney general. 102 C. 422. To compel assignment of patent rights. Id., 191. To protect trade secret. 104 C. 475. Protection of abutter's easement of light, air and view from space over highway; overhead bridge. Id., 620. Zoning regulations. 106 C. 476. Where an injunction is sought to restrain a trespass, title is an essential element in plaintiff's case and the burden of proof is on plaintiff to locate the boundary line. 148 C. 158; 151 C. 381.

      Court refused to grant temporary injunction staying arbitration proceedings pending determination of issues raised by action for declaratory judgment, for it is policy of court to encourage arbitration in labor field and adequate review of arbitration proceedings is set out by statute. 21 CS 134.

      Against legal proceedings. Granted against enforcement of a judgment at law when; 49 C. 447; 58 C. 317; 108 C. 18; denied when. 55 C. 182; 69 C. 32. General rule as to relief against advantage gained by fraud, accident or mistake; 73 C. 412; 76 C. 328; 80 C. 642; bill of injunction against judgment and new trial. 73 C. 399; 77 C. 20. Does not lie for errors committed on trial or matters involved therein; 69 C. 32; advice of counsel as an excuse; 76 C. 323; where party has remedy by ordinary proceedings at law; 75 C. 312; 76 C. 79; 82 C. 153; where defect claimed is service on nonresident temporarily in the jurisdiction. 67 C. 111. Refused where claim was that guardian secured his nomination by ward through fraud; 75 C. 308; where sought against foreclosure on mere expectancy as to future arrangement for joint tenancy; 73 C. 454; where sought to stay attachment for contempt. 44 C. 423. Granted to stay occupation of land under invalid condemnation proceedings; 75 C. 243; where nonappearance was due in fact to statements of adversary's attorney to ignorant foreigner. 80 C. 642. Procedure to stay levy of execution. 73 C. 559. Against judgment in superior court, where to be sought. 76 C. 322. In absence of fraud, accident or mistake, does not lie to restrain summary process judgment. 93 C. 638; 96 C. 630; Id., 645.

      Procedure. Plaintiff must have interest in subject matter. 69 C. 56. One of many parties commonly interested may have. 76 C. 300. Private individual, to have redress for public wrong, must show special injury; 80 C. 190; see 54 C. 248; 70 C. 616; 106 C. 327, 482; 107 C. 268; cases cited below. Where several pollute streams, each may be enjoined. 67 C. 496. Recognizance. 76 C. 300. Decree should be clear; 36 C. 209; 38 C. 125; 58 C. 502; 65 C. 396; 71 C. 405; 85 C. 195; Id., 650; but slight error in wording will not excuse violation if meaning clear. 102 C. 358; 106 C. 467; see 70 C. 516; 76 C. 295; should do no unnecessary damage; 71 C. 405; should be construed in light of purpose intended; 85 C. 651; 107 C. 268; may provide for future contingency. 87 C. 23. Remedy for violation; 82 C. 153; 83 C. 426; 107 C. 268; scire facias; 71 C. 478; only actual damages recoverable; 83 C. 417; and not both penalty and damages; 79 C. 670; obedience cannot be compelled by force. 77 C. 398; discretion of court. 38 C. 123. Judgment may be affirmed in part only. 90 C. 108. Judgment for injunction for limited time may be final. 96 C. 265. Verification by oath of facts contained in the complaint is a prerequisite to action by the court. 148 C. 456. Equity does not have jurisdiction to remove public officers or to restrain or relieve against proceedings for their removal where there is an adequate remedy at law by mandamus or quo warranto. 150 C. 428. Cited. 156 C. 205.

      Injunctive decree must be specific. 21 CS 42. Permanent injunction may be modified or dissolved at any time even after term in which judgment was rendered, and such judgment may be opened even though an appeal from it is pending and execution has been stayed. 21 CS 244.

      Cited. 5 Conn. Cir. Ct. 727. Cited. 6 Conn. Cir. Ct. 105.

      Subsec. (a):

      Cited. 192 C. 704.

      Subsec. (b):

      Where plaintiff's claim is for permanent injunction facts and statements to be proved at trial would be given under oath. 39 CS 53.


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      Sec. 52-472. Bond on issue of temporary injunction. No temporary injunction may be granted, except in favor of the state or of a public officer thereof in respect to any matter of a public nature, until the party making application therefor gives bond, with surety satisfactory to the court or judge granting the injunction, to the opposite party, to answer all damages in case the plaintiff fails to prosecute the action in which the injunction is applied for to effect; provided a bond need not be required when, for good cause shown, the court or a judge is of the opinion that a temporary injunction ought to issue without bond.

      (1949 Rev., S. 8208; P.A. 82-160, S. 173.)

      History: P.A. 82-160 rephrased the section.

      Penalty rests in discretion of judge. 38 C. 123. Ex parte injunctions without bond disapproved. 77 C. 402. Only actual damages recoverable; 83 C. 418; 82 C. 153; not both damages and penalty. 79 C. 670. When bond is satisfied, or may be cancelled. 81 C. 715. Meaning of "prosecute the action to effect". Id., 719. Court concluded that board of arbitration had not exceeded its authority under Sec. 7-472 and had made its services available to proper parties. 171 C. 420. Cited. 186 C. 725. Cited. 189 C. 539. Cited. 191 C. 201.

      Cited. 29 CA 105.

      It is not customary for the court to require bond on injunctions in aid of attachment of corporate stock. 6 CS 37. Cited. 11 CS 411; 12 CS 174. Requires surety bond, satisfactory to court, be posted to indemnify party seeking injunction for any breach by enjoined party. 29 CS 66. Cited. 42 CS 460.

      Cited. 6 Conn. Cir. Ct. 105.


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      Sec. 52-473. Injunctions may be granted immediately or after notice. (a) An injunction may be granted immediately, if the circumstances of the case demand it, or the court or judge may cause immediate notice of the application to be given to the adverse party, that he may show cause why the injunction should not be granted.

      (b) No temporary injunction may be granted without notice to the adverse party unless it clearly appears from the specific facts shown by affidavit or by verified complaint that irreparable loss or damage will result to the plaintiff before the matter can be heard on notice. It shall be sufficient, on such application for a temporary injunction, to present to the court or judge the original complaint containing the demand for an injunction, duly verified, without further complaint, application or motion in writing.

      (1949 Rev., S. 8209; P.A. 82-160, S. 174.)

      History: P.A. 82-160 rephrased the section and inserted Subsec. indicators.

      See Sec. 52-481 re temporary injunction to abate nuisance created by a manufacturer.

      Ex parte injunction without bond disapproved. 77 C. 402. Discretion of court in granting ex parte injunction; review. 80 C. 430. Cited. 153 C. 661. In divorce or separation action husband cannot be punished for civil contempt unless final judgment itself awards damages for such civil contempt. 157 C. 470. Tenants of a building where sewage disposal system was causing water pollution were not adverse parties requiring notice. 180 C. 568. Cited. 181 C. 492. Cited. 186 C. 725.

      Cited. 29 CA 105.

      Cited. 26 CS 290.

      Stipulation entered into between parties that breach of their agreement by defendant would result in issuance of injunction forthwith is sufficient grounds for ex parte issuance of injunction sought. No jury trial was required where defendant was charged with civil contempt. 5 Conn. Cir. Ct. 724. Cited. 6 Conn. Cir. Ct. 105.


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      Sec. 52-473a. Enjoining or restraining enforcement of certain environmental or public health laws. Ex parte orders prohibited. Appeal. (a) Notwithstanding any provision of the general statutes, no court may, without a prior hearing, issue an order enjoining or restraining the enforcement of an order issued by the Commissioner of Environmental Protection pursuant to section 22a-7 with respect to chapter 446c or the Commissioner of Public Health pursuant to section 19a-332c or 25-32g to cease and desist any activity.

      (b) If, after a hearing, the court issues an order enjoining or restraining the enforcement of such a cease and desist order, the state may appeal such court order to the Appellate Court. Such appeal may be expedited pursuant to rules established by the judges of the Appellate Court.

      (c) Nothing in this section shall be construed to provide any person with additional remedies to enjoin or restrain any order of an agency of the state or a political subdivision of the state.

      (P.A. 93-244, S. 1, 2; 93-381, S. 9, 39; 93-435, S. 59, 95; P.A. 95-257, S. 12, 21, 58.)

      History: P.A. 93-244 effective July 1, 1993; P.A. 93-381 and P.A. 93-435 substituted commissioner and department of public health and addiction services for commissioner and department of health services, effective July 1, 1993; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995.

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      Sec. 52-474. Interested persons may appear and be heard. Any person who may be directly or indirectly interested in, or affected by, the granting of any temporary or permanent injunction, may appear and be heard with regard to granting or dissolving the same.

      (1949 Rev., S. 8210.)

      Holder of bonds of street railway company is not entitled to become a codefendant with the railway company, when. 56 C. 397. Cited. 180 C. 568. Cited. 186 C. 725. Cited. 225 C. 700.

      Cited. 29 CA 105.

      Cited. 6 Conn. Cir. Ct. 105.


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      Sec. 52-475. Dissolution of temporary injunction. (a) When a temporary injunction is granted in any action before its return day, it may be dissolved or modified by the Superior Court or by any judge of the Superior Court. A written motion for dissolution shall be preferred before the return day.

      (b) After the return day, a motion to dissolve a temporary injunction shall be addressed to the court location in which the action is pending, or, if the court at such location is not actually in session, to a judge thereof. If the judge is unable for any reason to hear the motion, it shall be heard and determined by the superior court at another location or by any other judge of the Superior Court.

      (1949 Rev., S. 8211; P.A. 76-436, S. 505, 681; P.A. 82-160, S. 175.)

      History: P.A. 76-436 deleted provision requiring that any action taken by court to which case is not returnable or a judge of such court be immediately certified to court to which complaint in the action is returnable or in which it is pending, rendered obsolete by transfer of all trial jurisdiction to superior court, effective July 1, 1978; P.A. 82-160 rephrased the section and inserted Subsec. indicators.

      Costs. 62 C. 492. Modifying without prejudice to plaintiff does not affect final judgment. 71 C. 477; 79 C. 607. Cited. 186 C. 725.

      Cited. 29 CA 105.

      Cited. 6 Conn. Cir. Ct. 105.


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      Sec. 52-476. Continuance pending appeal. When a temporary injunction has been granted and upon final hearing judgment has been rendered adverse to its continuance, either party may apply to the court rendering the judgment, representing that he intends to appeal the case to the court having jurisdiction and praying that the temporary injunction may be continued until the final decision therein. Unless the court is of the opinion that great and irreparable injury will be done by the further continuance of the injunction, or that the application was made only for delay and not in good faith, the court shall continue the injunction until a final decision is rendered in the court having jurisdiction.

      (1949 Rev., S. 8212; P.A. 74-183, S. 283, 291; P.A. 76-436, S. 243, 681; P.A. 82-160, S. 176; June Sp. Sess. P.A. 83-29, S. 48, 82.)

      History: P.A. 74-183 amended section to require that appeals be taken to appellate session of superior court if judgment was entered in court of common pleas, retaining supreme court as appellate court for judgments rendered in superior court, effective December 31, 1974; P.A. 76-436 returned all appeals to supreme court jurisdiction, reflecting transfer of all trial jurisdiction to superior court, effective July 1, 1978; P.A. 82-160 rephrased the section; June Sp. Sess. P.A. 83-29 deleted reference to supreme court and added reference to the court "having jurisdiction".

      "Upon final hearing" does not refer to decision on motion to dissolve temporary injunction, but to final judgment. 128 C. 294. Order dissolving temporary injunction is not a final judgment from which an appeal lies. Id., 295. Cited. 134 C. 362; 140 C. 267. Provisions of chapter 562 are such that this section is not applicable as regards injunctions in labor disputes, and to that extent has been impliedly repealed. 134 C. 622. Cited. 186 C. 725. Cited. 230 C. 622; Id., 641.

      Cited. 29 CA 105.

      Not inconsistent with sections 661, 662 and 663 of the Practice Book. Purpose of section discussed. 15 CS 272.


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      Sec. 52-477. Permanent injunction; stay pending appeal. When judgment has been rendered for a permanent injunction ordering either party to perform any act, the court, upon an application similar to that mentioned in section 52-476, shall stay the operation of such injunction until a final decision in the court having jurisdiction, unless the court is of the opinion that great and irreparable injury will be done by such stay or that such application was made only for delay and not in good faith.

      (1949 Rev., S. 8213; P.A. 74-183, S. 284, 291; P.A. 76-436, S. 244, 681; June Sp. Sess. P.A. 83-29, S. 49, 82.)

      History: P.A. 74-183 added reference to decisions of superior court to conform to changes in Sec. 54-476, effective December 31, 1974; P.A. 76-436 deleted reference to superior court decisions, effective July 1, 1978, also in conformity with Sec. 54-476 changes, see history for that section; June Sp. Sess. P.A. 83-29 deleted reference to supreme court and substituted reference to the court "having jurisdiction".

      Cited. 186 C. 725. Cited. 192 C. 1. Cited. 197 C. 141. Cited. 215 C. 82. Cited. 230 C. 641. Cited. 233 C. 254; Id., 281.

      Not inconsistent with sections 661, 662 and 663 of the Practice Book. 15 CS 273. A permanent injunction may be modified or dissolved at any time even after the term in which the judgment was rendered, and such judgment may be opened even though an appeal from it is pending and execution has been stayed. 21 CS 244.


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      Sec. 52-478. Removal of stay or dissolution of injunction. The court in which such case is pending may, if in its opinion the cause of justice so requires, dissolve such temporary injunction or remove the stay of such permanent injunction while such case is so pending in the Supreme Court.

      (1949 Rev., S. 8214.)

      Cited. 186 C. 725. Cited. 197 C. 141. Cited. 199 C. 179.

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      Sec. 52-479. Reservation for advice. Dissolution of injunction. When an injunction is granted by a judge when the court is not in session, and the court to which the original complaint is returnable reserves the questions arising thereon for the advice of the Supreme Court, and the Supreme Court advises that the complaint be dismissed and the injunction dissolved, the injunction shall be deemed to be dissolved from the day the notice of advice is filed in the office of the clerk of the court making the reservation.

      (1949 Rev., S. 8215; 1967, P.A. 656, S. 50; P.A. 82-160, S. 177.)

      History: 1967 act substituted "when the court is not sitting" for "in vacation"; P.A. 82-160 rephrased the section.

      Cited. 186 C. 725.

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      Sec. 52-480. Injunction against malicious erection of structure. An injunction may be granted against the malicious erection, by or with the consent of an owner, lessee or person entitled to the possession of land, of any structure upon it, intended to annoy and injure any owner or lessee of adjacent land in respect to his use or disposition of the same.

      (1949 Rev., S. 8216.)

      See Sec. 52-570 re action for malicious erection of structure.

      That structure screens respondents' premises, no defense, when. 46 C. 109. Injunction may be granted against the continuance of structure erected in violation of the statute. Id., 108. The malicious purpose must be the predominant one and give character to the act. 48 C. 395. The malicious acts intended by the statute must, as a rule, go beyond the petty hostilities of business competition. Id., 395. History, purpose and scope of remedy. 75 C. 425; 102 C. 357. Finding that erection malicious not ordinarily reviewable. 82 C. 290. See note to section 52-570. That fence is being constructed by independent contractor is no defense to proceedings for contempt for violation of temporary injunction by continuing erection. 102 C. 358. On finding, plaintiff held not entitled to relief under this section for building of wall and change of grade. 132 C. 319. Equitable defense of "clean hands" available but not applicable to facts. It was abuse of trial courts' discretion to enjoin building of any other structures on that portion of land from which court ordered removal of fence. 174 C. 29.

      Cited. 46 CA 164.

      Cited. 13 CS 25. Injunctive relief presupposes an emergency. 15 CS 455. Elements necessary to state a cause of action under this section enumerated. 21 CS 110. A hedge is not a "structure" within the meaning of Connecticut's malicious structure statutes. 47 CS 645. Testimony credible that fence was erected, in part, for legitimate purpose of safeguarding children and dogs; essential elements of cause of action under this section are (1) structure erected on defendant's land; (2) malicious erection of structure; (3) intent to injure enjoyment of adjacent landowner's land by erection of structure; (4) impairment of value of adjacent land because of structure; (5) structure is useless to defendant; and (6) enjoyment of adjacent landowner's land is in fact impaired. 51 CS 399.

      Provides for injunctive relief for structures constructed with intention to annoy and injure plaintiff's use of premises. 6 Conn. Cir. Ct. 427, 428.


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      Sec. 52-481. Abatement of manufacturer's nuisance. Temporary injunction. (a) If any manufacturer carries on his business, or exposes the material used therein, or refuse produced thereby, so as to constitute a nuisance to the public or to individuals, any persons aggrieved thereby may unite in a complaint to the superior court for the judicial district where the nuisance exists, for the discontinuance or abatement of the nuisance, making the manufacturer, if known to them, the defendant. If the manufacturer is not known, they may make the person in charge of the premises the defendant. Service on the person in charge shall be sufficient notice to any defendant living out of this state.

      (b) Each complaint shall be heard at the first session of the court or promptly thereafter unless continued for cause. A continuance may be granted upon such conditions and with such provision for temporary relief as the court orders.

      (c) If, after hearing, the court is of the opinion that the plaintiffs are entitled to relief, it may make such order for the discontinuance or abatement of the nuisance, or for regulating the manner of conducting the business, as it finds to be necessary. If it appears that any such order is ineffectual to abate the nuisance or if it appears that the order is disobeyed or evaded, the court, upon such notice as it directs, may make such further order and provision for the enforcement of the original order or decree as may be deemed necessary.

      (d) The Superior Court, or any judge thereof when the court is not in session, may, upon complaint, issue a temporary injunction against the continuance of any such nuisance until a final hearing may be had. If it is impracticable to stay the continuance of a nuisance by a temporary injunction or if the injunction is disobeyed or evaded, the court or judge may make and enforce such temporary order for the discontinuance of the nuisance until a final hearing, as may be deemed necessary.

      (e) At least twenty-four hours' notice in writing of the time and place of making such a motion for temporary injunction shall be given to the defendants or some of them, if they are known and can be found in this state, and, if not, shall be left with the person in charge of the premises, if such person can be found.

      (1949 Rev., S. 8217; 1967, P.A. 656, S. 51; P.A. 78-280, S. 2, 127; P.A. 82-160, S. 178.)

      History: 1967 act substituted "when the court is not sitting" for "in vacation"; P.A. 78-280 substituted "judicial district" for "county"; P.A. 82-160 rephrased the section and inserted Subsec. indicators.

      See Sec. 52-253 re costs in suits against manufacturers for nuisance.

      What constitutes a nuisance of this character. 21 C. 218; 33 C. 121; 39 C. 426, 493; 100 C. 667. Petition must aver that petitioner is aggrieved. 39 C. 427. Effect upon complainant's family material question. 71 C. 647. No injunction against production of castor oil where court found no substantial violation of plaintiff's rights and use of defendant's plant was not unreasonable. 130 C. 485. History discussed. 153 C. 661. This section does not give an exclusive remedy to the superior court in an action of nuisance. A statute creating a new remedy for an existing right does not preclude the use of existing common law remedies. Id.

      Statute is codification of existing law; it indirectly recognizes the doctrine of balancing conveniences. 11 CS 93. Persons of ordinary health and sensitiveness are to be considered in the determination of the existence of a nuisance. 22 CS 381.


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      Sec. 52-482. Injunction against manufacturing fish oil or manure. Section 52-482 is repealed, effective October 1, 2002.

      (1949 Rev., S. 8218; P.A. 82-160, S. 179; S.A. 02-12, S. 1.)

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      Sec. 52-483. Injunction against sale on execution; adjournment of sale. When any temporary injunction is granted to restrain a sale on execution or tax warrant, the injunction order may direct the levying officer to adjourn the sale in such manner and for such time as the order may prescribe. If no such direction is given, such officer nevertheless may adjourn the sale, from time to time, while the injunction remains in force; and, while such sale is so adjourned, the lien created by the levy shall remain in force.

      (1949 Rev., S. 8219.)

      Cited. 46 CA 721.

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