Opinion · Connecticut Appellate Court
Bush v. Water Pollution Control Authority
Bush v. Water Pollution Control Auth., 17 Conn. App. 805 (Conn. App. Ct. 1988)
- Type
- Opinion
- Court
- Connecticut Appellate Court
- Jurisdiction
- Connecticut
- Date
- 1988-11-17
- Topic
- general
Per Curiam. The plaintiffs brought this action to enjoin the taking by eminent domain of an easement through their property for the installation of a subsurface sanitary sewer interceptor pipeline. This is an appeal from the judgment granting the defendant’s motion to dismiss the action for failure of the plaintiffs to establish a prima facie case. Practice Book § 302. The plaintiffs have briefed sixteen claims of error.
Citator
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The plaintiffs brought this action to enjoin the taking by eminent domain of an easement through their property for the installation of a subsurface sanitary sewer interceptor pipeline. This is an appeal from the judgment granting the defendant’s motion to dismiss the action for failure of the plaintiffs to establish a prima facie case. Practice Book § 302. The plaintiffs have briefed sixteen claims of error.
When ruling on motions to dismiss under § 302, the trial court is required to view the evidence in the light most favorable to the plaintiffs and to draw every reasonable inference in the plaintiffs’ favor. Pagni v. Corneal, 13 Conn. App. 468, 470, 537 A.2d 520, cert. denied, 207 Conn. 810, 541 A.2d 1239 (1988).
After a complete examination of the record, transcripts and briefs, and after affording each of the plaintiffs’ claims of error the appropriate scope of review,
There is no error.