3 Conn. App. 103 | Conn. App. Ct. | 1985
The principal issue in this appeal is whether the plaintiff in a nuisance action may obtain both damages for the reduction in the value of her land and mandatory injunctive relief to remove the cause of the damage. Under the circumstances of this case, we find no error in the trial court’s judgment granting both remedies.
At the second hearing in damages, the court awarded the plaintiff $16,436, representing the difference between the value of the land before and after the defendant added its culvert. The court also awarded the plaintiff permanent injunctive relief, directing the defendant to seal up its culvert and further enjoining it from installing any other system or device to divert water onto the plaintiff’s land. The defendant asserts, primarily, that the award of both damages and injunctive relief was improper. The defendant also raises three other minor claims of error, only one of which merits comment.
It is clear that the plaintiff may obtain both damages and injunctive relief in a case such as this. The case of Berin v. Olson, 183 Conn. 337, 439 A.2d 357 (1981), which involved damages to the plaintiff’s property caused by water flowing from the defendant’s land, is exactly on point. There the court stated “[t]he defendants also contend that an adequate remedy at law existed, as evidenced by the fact that the plaintiff was awarded damages, and because the plaintiff could keep coming back to the courts for damages if he should sus
In this case, the wrong to the plaintiff would continue if the defendant’s actions were not enjoined. Thus, the plaintiff is entitled both to damages for the injury which has already occurred and to an injunction to prevent further such injuries.
As to the defendant’s final claim of error, that the trial court was biased against it, a careful examination of the portion of the transcript excerpted by the defendant to demonstrate its claim shows the claim to be entirely baseless. Such a reckless attack on the trial judge does not advance the cause of justice.
There is no error.