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BRAINARD v. WEST HARTFORD

140 Conn. 631 (1954)

MORGAN B. BRAINARD ET AL. v. TOWN OF WEST HARTFORD

Supreme Court of Connecticut.

Decided February 9, 1954.

Attorney(s) appearing for the Case

Albert S. Bill, with whom, on the brief, was Harrison D. Schofield, for the appellant (defendant).

Bruce W. Manternach, with whom, on the brief, was Lee C. Fielden, for the appellees (plaintiffs).

INGLIS, C. J., BALDWIN, O'SULLIVAN, QUINLAN and WYNNE, JS.

QUINLAN, J.

The plaintiffs brought this action asking an injunction to restrain the defendant from establishing a dump on premises acquired by it. From a judgment rendered for the plaintiffs the defendant has appealed.

The court found the following unchallenged facts: The defendant burns its rubbish, including some garbage, in an open dump in the town's only industrial zone. The dump produces smoke and disagreeable odors; it causes fires and necessitated,...

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