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TOMASSO BROS., INC. v. OCTOBER TWENTY-FOUR, INC.

(14642)

230 Conn. 641 (1994)

TOMASSO BROTHERS, INC. v. OCTOBER TWENTY-FOUR, INC., ET AL.

Supreme Court of Connecticut.

Decision released August 9, 1994.

Attorney(s) appearing for the Case

Peter J. Zagorsky, for the appellants (defendants).

John R. Fornaciari, pro hac vice, with whom were James H. Throwe and, on the brief, Stephen J. Anderson and Carl R. Ficks, Jr., for the appellee (plaintiff).

PETERS, C. J., CALLAHAN, BORDEN, NORCOTT and KATZ, Js.

BORDEN, J.

The principal issue in this appeal is whether a permanent prohibitory injunction is automatically stayed by the filing of an appeal by the enjoined party. This case returns to us after the trial court, on remand, determined that a permanent prohibitory injunction should issue in order to protect the plaintiff's use of its property from a nuisance arising from the defendants' use of their adjoining property.

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