New Britain herald., 1926-06-11
MELBOURNE MUST HALT OPERATIONS
Temporary Injunction Issued
 Today Against "Gas" Station
COUNTER-ACTION EXPECTED
Belyidere Property Owner May Move At Once For Dissolution of Order He Suggested That City Depart ments Seek.

On recommendation of Corpora ton Counsel John H. Kirkham Judge B. w. filling of city court this afternoon signed a temporary in- junction restraining Edward o. Xiii bourne from proceeding with work on a gasoline filling station opposite the entrance to Stanley Quarter park.
 Judge Kirkham's petition Followed a conference with Building Inspector E. J. Hennessy after the inspector had been advised by Prosecuting At- torney Joseph G, Woods there were grounds for criminal court action.
 While the injunction writ is not returnable in city court until the last Monday of this month it is expected Kilbourne will move within a few days for dissolution of the tempor- ary injunction thereby bringing the issue into court in advance Of the return date.
 Dcfies Building Department
 Kilbourne was ordered to stop work on his building several weeks ago. the building department claim ing his permit was made void by his failure to begin work within three months of the date of its issuance. Kilbourne, claiming, he did begin work when he installed a culvert and filled the property declared his per init was legal, refused to stop work and invited the city to initiate in junction proceedings. .
 This afternoons proceedings, which took place at Judge filings office, were of an ex-parte nature, not having been notified.
 The claims set forth in Judge application are:
 The defendant is using or arrang- ing to be used. upon his premises on the east side of Stanley street. oppo- site entrance to Stanley Quarter park, socalled, in said New Britain, which premises are in residence 4 district under the zoning ordinance Of the City of New Britain. tanks, pumps, structures and filling station for business purposes and the sup plying Of gas and oil for automobiles of the general public.
 Under the zoning ordinance of the City Of New Britain, the said structures are not permitted to be erected and maintained in residence A district but the same is forbidden.
 Although notified by the building Inspector that such proposed busi- less and structures would be con- rary to the law, the defendant has and now threatens to place and maintain such structures Ipon the said premises. and to con- luct said business thereon.
 "The plaintiff has no adequate ! emedy at law in the premises.
 "The plaintiff claims
 1 A temporary injunction to re- ! train the defendant from construct ng, erecting, placing, using Or main : aiming said structures and filling tations upon said premises until the ] ession of the city court of New { Britain on the 2Sth day of June, ! 926 and until said court shall make . urther order in the premises
 2. A permanent injunction re- training the defendant in the same lanner and to the same effect as ereinbefore set forth in claim f."
 Appended to the Deti+iOn iS q worn statement of Building Inspect r Hennessey, attesting to the truth the allegations. The injunction {. self as drawn, restraints Kilbourne 'om proceeding with his work under .i penalty Of s2,000.