Town of Milton v. Brault

Injunction damages of $86,411.00 were awarded by the court below to the defendants. The plaintiff town appeals, arguing that a municipality is immune from such liability.

The judicial aspect of the longstanding controversy began in May, 1967, when the Town of Milton obtained a temporary injunction enjoining the defendants from constructing a mobile home park on their, the defendants’ land. This injunction, later made permanent in 1969, was sought in order to enforce a recently adopted local zoning ordinance. The town posted a $500 injunction bond, although it was not required to do so, either…