Legal Opinion

Kenny v. Dwyer

Connecticut Appellate Court

Decided September 6, 1988No. 5943PublishedCited by 10 opinions

1Opinion of the CourtDupont, C. J.

The defendant is appealing from the judgment of the trial court ordering the defendant to *59allow the plaintiff unimpeded access to a well located on property owned by the defendant and issuing a permanent injunction restraining the defendant from interfering with the plaintiffs use of that well. We find error.

The following facts are pertinent to this appeal. The parties own adjoining properties located at Oak Grove Beach in East Lyme.1 Prior to December, 1970, municipal water service was not provided in that area. A fresh water well is located on the defendant’s property.

In 1962, the…

2Cases cited6 opinions

  1. Gager v. CarlsonSupreme Court of Connecticut · 1959
  2. Rischall v. BauchmannSupreme Court of Connecticut · 1946
  3. D'AMATO v. WeissSupreme Court of Connecticut · 1954
  4. Stankiewicz v. Miami Beach Assn., Inc.Supreme Court of Connecticut · 1983
  5. Schroder v. BattistoniSupreme Court of Connecticut · 1964

1 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. Cook v. BieluchConnecticut Appellate Court · 1993
  2. Perkins v. FasigConnecticut Appellate Court · 2000
  3. O'Brien v. CoburnConnecticut Appellate Court · 1995
  4. Covey v. ComenConnecticut Appellate Court · 1997
  5. Utay v. G.C.S. Realty, LLCConnecticut Appellate Court · 2002

5 more not listed; retrieve them via the Exa API.

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