67 A.2d 560 | Conn. | 1949
The plaintiff brought suit to enjoin the defendant from interfering with the completion of a building started by him. The defendant demurred on the ground that the building was a nonconforming use which necessitated a permit. The demurrer was sustained and the plaintiff appealed.
The complaint alleges: After some indefinite and ineffectual attempts to secure a permit, the plaintiff started the erection of a building in East Haven. It is necessarily implied from the allegations made that the *594 building was a nonconforming use in a residence zone and that a permit was required. When the building was nearly completed, the building inspector ordered a stoppage of the construction work. The erection of the structure was in progress openly and notoriously for about one month and the town officials knew or should have known this fact. The plaintiff was not informed and did not know, prior to the stoppage, that a building permit was necessary.
The only allegation of the complaint which merits consideration is "That said Town of East Haven, through the conduct and acquiescence of its servants and agents is now responsible for the plaintiff's dilemma and is estopped from taking unjust advantage of the plaintiff."
The plaintiff was charged with knowledge of the law. Silberman v. McLaughlin,
There is no error.
In this opinion the other judges concurred.