Town of Clinton v. Buell
Supreme Court of Connecticut
Application to the Superior Court in Middlesex County, for an order for the removal of stakes enclosing ground claimed to he a natural oyster, clam and mussel bed, under the provisions of General Statutes, p. 215, sec. 11. The facts were found by a committee, the defendant filed a remonstrance against the acceptance of the report, and the court made a finding of facts on the remonstrance and reserved the case for the advice of this court.
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Application to the Superior Court in Middlesex County, for an order for the removal of stakes enclosing ground claimed to he a natural oyster, clam and mussel bed, under the provisions of General Statutes, p. 215, sec. 11. The facts were found by a committee, the defendant filed a remonstrance against the acceptance of the report, and the court made a finding of facts on the remonstrance and reserved the case for the advice of this court. The case is sufficiently stated in the opinion.
1Opinion of the CourtBeardsley, J.
This is a proceeding under a statute passed in 1870, to throw open to the public ground claimed to be a natural oyster bed, which has been designated to the defendant, and enclosed for planting oysters. The material part of the statute is as follows:—
“ When any natural oyster bed, or any part thereof, is designated, enclosed or staked out, contrary to the provisions of this chapter, the Superior Court as a court of equity, in the county in which said oyster bed is situated, upon the petition of any individual aggrieved, or of the town in which said oyster bed is situated, against the person…
2Cases cited1 opinion
- Rowe v. SmithSupreme Court of Connecticut · 1880
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