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EXPRESSWAY ASSOCIATES II v. FRIENDLY ICE CREAM CORPORATION

(8482)

22 Conn. App. 124 (1990)

EXPRESSWAY ASSOCIATES II v. FRIENDLY ICE CREAM CORPORATION OF CONNECTICUT

Appellate Court of Connecticut.

Decision released June 26, 1990.

Attorney(s) appearing for the Case

Stephen Sakonchick II, for the appellant (plaintiff).

William H. Champlin III, with whom were Donald Moffat and, on the brief, Kristine D. Ragaglia, for the appellee (defendant).

SPALLONE, NORCOTT and LAVERY, JS.

NORCOTT, J.

The plaintiff appeals from the trial court's denial of its request for injunctive relief and damages against the defendant for overburdening the plaintiff's right-of-way over the defendant's property. The plaintiff claims that the trial court failed to recognize that the plaintiff owns an unconditional right-ofway over the defendant's property with which the defendant is interfering.

The following facts are relevant to this appeal. In 1968, the...

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