Legal Opinion

Flynn v. Heirs of Herman Aaron, No. Cv87 0090545 S (Oct. 15, 1990)

Connecticut Superior Court

Decided October 15, 1990No. CV87 0090545 SUnpublished

1Opinion of the Court

[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.] MEMORANDUM OF DECISION The plaintiffs Edward J. and Frances R. Flynn move (#120) to strike this case from the jury docket on the basis that their cause of action raises issues essentially equitable in nature and, therefore, that the defendants are not entitled to a jury trial. Practice Book 282.

By way of background, this is a declaratory judgment action seeking a determination of whether certain restrictions contained in a deed to the plaintiffs should be declared unenforceable because of a material charge of…

2Cases cited15 opinions

  1. Sharon v. TuckerSupreme Court of the United States · 1892
  2. United States Trust Co. v. BohartSupreme Court of Connecticut · 1985
  3. McArthur v. Hood Rubber Co.Massachusetts Supreme Judicial Court · 1915
  4. Skinner v. AnglikerSupreme Court of Connecticut · 1989
  5. Linahan v. LinahanSupreme Court of Connecticut · 1944

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