DocketNumber: No. CV 98 0576420
Citation Numbers: 1999 Conn. Super. Ct. 9549
Judges: SULLIVAN, JUDGE.
Filed Date: 7/29/1999
Status: Non-Precedential
Modified Date: 4/18/2021
If there is to be a cause of action in nuisance the injured party must allege and thereafter prove that he was in the exercise of a public right, for public nuisance, or as ownership of an interest in land for there to be a private nuisance. This has clearly been the law in the state for many years. See Webelv. Yale University,
The second count of the complaint fails to allege a public right or a private ownership interest in land which was affected by the alleged condition. Hence the count is fatally defective.
The motion to strike the second count of the complaint is granted.
L. Paul. Sullivan, J.