Falejczyk v. Meo

MB. PBESIDING JUSTICE MUBPHY

delivered the opinion of the court.

Defendant, an operator of a restaurant and cocktail lounge, took possession of part of plaintiffs’ adjoining vacant lot, covered it with asphalt and gravel, and used it for parking and a driveway for the convenience of its customers. A permanent mandatory injunction was issued, directing defendant to vacate the lot and to restore it to its former condition. Plaintiffs appealed from that part of the decree which awarded them “one penny” as nominal damages.

In the complaint filed June 21, 1957, plaintiffs prayed for an injunction…