Bassett v. Pepe
Supreme Court of Connecticut
Suit to restrain the defendant from erecting a garage on his lot adjoining that of the plaintiff at Laurel Beach, Milford, in alleged violation of a restrictive covenant in his deed, brought to and tried by the Superior Court in New Haven County, Warner, J.; facts found and judgment rendered for the defendant, and appeal by the plaintiff.
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Suit to restrain the defendant from erecting a garage on his lot adjoining that of the plaintiff at Laurel Beach, Milford, in alleged violation of a restrictive covenant in his deed, brought to and tried by the Superior Court in New Haven County, Warner, J.; facts found and judgment rendered for the defendant, and appeal by the plaintiff. Some time prior to 1901, a land company purchased a large tract of land on the shore in Milford at what is known as Laurel Beach, and proceeded to develop it for summer residence purposes. Streets and building lots of various sizes, about three hundred in…
1Opinion of the CourtPrentice, C. J.
The plaintiff in her complaint sought to prevent the erection of the garage structure in question for three reasons: (1) that it was to be located within three feet of the division line between the plaintiff and the defendant, in violation of a restrictive covenant contained in the deed under which the latter holds; (2) that it would constitute an “outhouse” located upon the defendant’s property, in violation of a provision in that covenant forbidding such erection; and (3) that it would constitute a common law nuisance.
The trial court has effectually disposed of the first of these reasons,…
2Cases cited3 opinions
- Easterbrook v. Hebrew Ladies Orphan SocietySupreme Court of Connecticut · 1912
- State v. BrooksSupreme Court of Connecticut · 1823
- State v. PowersSupreme Court of Connecticut · 1869
3Cited by9 opinions
- Daughters of St. Paul, Inc. v. Zoning Board of AppealsConnecticut Appellate Court · 1988
- Moore v. SerafinSupreme Court of Connecticut · 1972
- Hooker v. AlexanderSupreme Court of Connecticut · 1942
- Misuk v. Zoning Board of AppealsSupreme Court of Connecticut · 1952
- Farrior v. Zoning Board of Appeals of Black Point Beach Club Ass'nConnecticut Appellate Court · 2002
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