Wheeler v. Bedford
Supreme Court of Connecticut
Suit for an injunction against an encroachment upon and inclosure of a part of a town common by the defendant, an adjoining proprietor, the plaintiffs also being adjoining owners; brought to the Court of Common Pleas of Fair-field County.
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Suit for an injunction against an encroachment upon and inclosure of a part of a town common by the defendant, an adjoining proprietor, the plaintiffs also being adjoining owners; brought to the Court of Common Pleas of Fair-field County. The defendant demurred to the complaint on the ground that it did not show any such special and private injury to the plaintiffs as distinct from the injury to the public as amounted to irreparable damage, and on the further ground that the plaintiffs had adequate remedy at law in the proceedings provided for by statute for the removal by the public…
1Opinion of the CourtPark, C. J.
This case presents the question whether the owner of a dwelling house and the land on which it stands, fronting on a town common or public park, its situation upon which greatly enhances its value, can maintain injunction proceedings against his neighbor, who seeks to destroy the common by enclosing a large part of it for his own use.
Although in this case the intended appropriation is confined to a part only of the public ground, still the principles of equity that would restrain the attempted appropriation of the entire common would restrain the attempt to appropriate a substantial portion…
2Cases cited3 opinions
- Trustees of Watertown v. Cowen & BaggNew York Court of Chancery · 1834
- Hills v. MillerNew York Court of Chancery · 1831
- Corning v. LowerreNew York Court of Chancery · 1822
3Cited by38 opinions
- Fitzgerald v. Merard Holding Co.Supreme Court of Connecticut · 1927
- State Ex Rel. Heimov v. ThomsonSupreme Court of Connecticut · 1944
- Kamerman v. LeroySupreme Court of Connecticut · 1946
- State v. EricksonSupreme Court of Connecticut · 1926
- Stocker v. City of WaterburySupreme Court of Connecticut · 1967
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