Granger v. A. Aiudi & Sons
In Granger v. A. Aiudi & Sons, 60 Conn. App. 36, 758 A.2d 417, cert. denied, 255 Conn. 902, 762 A.2d 908 (2000), the plaintiff sought to enjoin the defendant from operating a rock crushing and concrete manufacturing plant on the defendant's property. The plaintiff, in an amended complaint, alleged that the defendant's use was unreasonable, that it caused noise, air pollution and water and traffic diversion, that it interfered with the plaintiff's use and enjoyment of his property and that it caused a diminution in the value of his property. He sought a permanent injunction and compensation for the alleged diminution in value. The trial court assumed, without finding, that the defendant violated the zoning regulations, but having found no special damages, dismissed the case.
On appeal, this court affirmed the trial court's decision. Id., 60 Conn. App. at 38. The Court held that the trial court correctly stated that "though the primary responsibility for enforcing zoning regulations rests with the zoning commission, where a violation results in special damage to an individual, the injured party has a right to seek injunctive relief [from the court]." Id., 60 Conn. App. at 45.
The Court held, however, that the plaintiffs were not entitled to an injunction as a matter of law on the basis of the defendant's alleged zoning violations because the plaintiffs failed to prove that they suffered special damages as a result of the alleged violations. Id., 60 Conn. App. at 45-46.