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KENNY v. DWYER

(5943)

16 Conn. App. 58 (1988)

KEVIN B. KENNY v. CAROLYN S. DWYER

Appellate Court of Connecticut.

Decision Released September 6, 1988.

Attorney(s) appearing for the Case

Thomas J. Shortell, with whom on the brief, was Elizabeth K. McLaughlin, for the appellant (defendant).

William J. Melley III, for the appellee (plaintiff).

DUPONT, C. J., BORDEN and SPALLONE, JS.

DUPONT, C. J.

The defendant is appealing from the judgment of the trial court ordering the defendant to allow 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 plaintiff's use of that well. We find error.

The following facts are pertinent to this appeal. The parties own adjoining properties...

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