2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 916 - Injunctions › Section 52-471. - Granting of injunction.

(a) Any judge of any court of equitable jurisdiction may, on motion, grant and enforce a writ of injunction, according to the course of proceedings in equity, in any action for equitable relief when the relief is properly demandable, returnable to any court, when the court is not in session. Upon granting of the writ, the writ shall be of force until the sitting of the court and its further order thereon unless sooner lawfully dissolved.
(b) No injunction may be issued unless the facts stated in the application therefor are verified by the oath of the plaintiff or of some competent witness.
(1949 Rev., S. 8207; 1967, P.A. 656, S. 49; P.A. 82-160, S. 172.)
History: 1967 act substituted “sitting” for “in session, whether in term time or vacation”; P.A. 82-160 rephrased the section and inserted Subsec. indicators.
In general. Discretion of court. 7 C. 50; 12 C. 327; 33 C. 505; 61 C. 258; 71 C. 450; 72 C. 531; 80 C. 426. To be carefully used. 77 C. 402. Issues only where necessary to prevent irreparable injury, and where there is no adequate remedy at law. 14 C. 580; 20 C. 539; 23 C. 433; 33 C. 505; 43 C. 500; 47 C. 573; 54 C. 74; 56 C. 395; 61 C. 258; Id., 516; 62 C. 368; 107 C. 266. Irreparable injury must appear; 73 C. 179; 75 C. 171; 76 C. 79; 82 C. 153; 87 C. 183; nature of injury rather than damages determines question; 52 C. 199; 90 C. 108; what is irreparable injury; 77 C. 345; 82 C. 157; 87 C. 235; mere statement of such injury not enough; facts must appear. 76 C. 79. Inadequacy of legal remedy; 72 C. 201; 76 C. 79; 82 C. 153; Id., 257; 96 C. 528; finding that damages can be no compensation conclusive; 67 C. 497; meaning of “adequate remedy at law”; 54 C. 249; not always refused though there may be a remedy at law; 37 C. 120; proceedings in eminent domain will not be stayed because of facts which will justify remedy in that action. 82 C. 153. Will not issue to aid a bare legal right without equity; 48 C. 30; nor where danger is remote; 80 C. 683; nor where benefit from it is out of proportion to hardship it will cause; 67 C. 538; 70 C. 720; 72 C. 294; 87 C. 23; 90 C. 180; 100 C. 668; 107 C. 115; nor where injury is due to plaintiff's fault. 80 C. 189. But where defendant wilfully and knowingly invades the rights of another, an injunction will lie even though it imposes a great loss on the wrongdoer; 105 C. 475; 107 C. 115; but otherwise if invasion, though illegal, was innocent and bona fide. Id. Mandatory injunction compelling removal of house; when it will lie. Id. Laches as a defense. 70 C. 732; 76 C. 295; 100 C. 668; 105 C. 475. Nature of temporary injunction. 85 C. 650. Effect of injunction to run for limited time. 96 C. 265. Temporary injunction must be instantly obeyed. 102 C. 357. Failure to claim temporary injunction not laches. 105 C. 475. An injunction commanding the repair of a dam pursuant to the terms of a covenant should follow those terms. 147 C. 82. In the case of actions praying for injunctive relief, since the remedy sought is prospective, the right to such relief is determined by the situation which has developed at the time of trial and not by that existing at the time the action was begun. 152 C. 323. Cited. 153 C. 661; 186 C. 725; 192 C. 704; 219 C. 432.
Causes for in general. Public nuisance; special injury must appear; 14 C. 578; 17 C. 375; 20 C. 120; 25 C. 35; 31 C. 169; 54 C. 248; 106 C. 327; 107 C. 268, see 80 C. 190; factory as a nuisance. 71 C. 647. Obstruction of way; 79 C. 454; 80 C. 497; 85 C. 545; 107 C. 266; of highway; 79 C. 359; 96 C. 709; 104 C. 619; of ditch; 77 C. 345; of access to shore. 76 C. 300; 80 C. 190. Trespass as basis for. 73 C. 524; 83 C. 418; Id., 581; 85 C. 159; 90 C. 108. Interference with tree on boundary line. 65 C. 380. Building jutting over land; 75 C. 662; covering unused well; 65 C. 382; erected pending suit; 72 C. 201; removing heating plant from building. 75 C. 171. Pollution of stream; 67 C. 494; 72 C. 531; 101 C. 310, see 83 C. 417; diversion of water. 77 C. 530; 80 C. 124. By railroad, against obstruction of track; 65 C. 410; against building parallel street railway; 69 C. 47; against solicitation by hackmen at station. 71 C. 136. To prevent taking of land before compensation made. 70 C. 628. Raising of dam in this state to injury of land in Massachusetts. 52 C. 576. To protect trademark. 33 C. 165; 51 C. 325; 72 C. 646. To protect name of corporation. 83 C. 679. To restrain illegal transfer of patent. 87 C. 74. To enforce agreement in partial restraint of trade. Id., 23. In corporate matters. 73 C. 594; 75 C. 675; 84 C. 275; 96 C. 265; 108 C. 567. To prevent illegal appropriation of town funds; 32 C. 140; but not ordinarily to restrain city council acting within its powers. 60 C. 319. Rarely issues to restrain illegal collection of taxes. 39 C. 406; 42 C. 31; 46 C. 246; 47 C. 296; 103 C. 262; 106 C. 227. To prevent sale of lands under tax warrant. 87 C. 229. Will not issue solely to protect reputation. 62 C. 596. Taxpayer may have, to restrain illegal expenditure by city. 96 C. 512. Violation of common restriction in building development. 100 C. 663; 105 C. 469. Under Federal Prohibition Act. 103 C. 14. Enforcement of charity by Attorney General. 102 C. 422. To compel assignment of patent rights. Id., 191. To protect trade secret. 104 C. 475. Protection of abutter's easement of light, air and view from space over highway; overhead bridge. Id., 620. Zoning regulations. 106 C. 476. Where an injunction is sought to restrain a trespass, title is an essential element in plaintiff's case and the burden of proof is on plaintiff to locate the boundary line. 148 C. 158; 151 C. 381.
Against legal proceedings. When granted against enforcement of a judgment at law; 49 C. 447; 58 C. 317; 108 C. 18; when denied. 55 C. 182; 69 C. 32. General rule as to relief against advantage gained by fraud, accident or mistake; 73 C. 412; 76 C. 328; 80 C. 642; bill of injunction against judgment and new trial. 73 C. 399; 77 C. 20. Does not lie for errors committed on trial or matters involved therein; 69 C. 32; advice of counsel as an excuse; 76 C. 323; where party has remedy by ordinary proceedings at law; 75 C. 312; 76 C. 79; 82 C. 153; where defect claimed is service on nonresident temporarily in the jurisdiction. 67 C. 111. Refused where claim was that guardian secured his nomination by ward through fraud; 75 C. 308; where sought against foreclosure on mere expectancy as to future arrangement for joint tenancy; 73 C. 454; where sought to stay attachment for contempt. 44 C. 423. Granted to stay occupation of land under invalid condemnation proceedings; 75 C. 243; where nonappearance was due in fact to statements of adversary's attorney to ignorant foreigner. 80 C. 642. Procedure to stay levy of execution. 73 C. 559. Against judgment in Superior Court, where to be sought. 76 C. 322. In absence of fraud, accident or mistake, does not lie to restrain summary process judgment. 93 C. 638; 96 C. 630; Id., 645.
Procedure. Plaintiff must have interest in subject matter. 69 C. 56. One of many parties commonly interested may have. 76 C. 300. Private individual, to have redress for public wrong, must show special injury. 80 C. 190, see 54 C. 248; 70 C. 616; 106 C. 327, 482; 107 C. 268. Where several pollute streams, each may be enjoined. 67 C. 496. Recognizance. 76 C. 300. Decree should be clear; 36 C. 209; 38 C. 125; 58 C. 502; 65 C. 396; 71 C. 405; 85 C. 195; Id., 650; but slight error in wording will not excuse violation if meaning clear. 102 C. 358; 106 C. 467, see 70 C. 516; 76 C. 295; should do no unnecessary damage; 71 C. 405; should be construed in light of purpose intended; 85 C. 651; 107 C. 268; may provide for future contingency. 87 C. 23. Remedy for violation; 82 C. 153; 83 C. 426; 107 C. 268; scire facias; 71 C. 478; only actual damages recoverable; 83 C. 417; and not both penalty and damages; 79 C. 670; obedience cannot be compelled by force; 77 C. 398; discretion of court. 38 C. 123. Judgment may be affirmed in part only. 90 C. 108. Judgment for injunction for limited time may be final. 96 C. 265. Verification by oath of facts contained in the complaint is a prerequisite to action by the court. 148 C. 456. Equity does not have jurisdiction to remove public officers or to restrain or relieve against proceedings for their removal where there is an adequate remedy at law by mandamus or quo warranto. 150 C. 428. Cited. 156 C. 205.
Cited. 29 CA 716.
Injunctive decree must be specific. 21 CS 42. Whether or not plaintiff is entitled to relief is determined, not by situation existing at time of alleged violations, but by that which has developed at time of trial. Id., 55. Court refused to grant temporary injunction staying arbitration proceedings pending determination of issues raised by action for declaratory judgment, for it is policy of court to encourage arbitration in labor field and adequate review of arbitration proceedings is set out by statute. Id., 134. Permanent injunction may be modified or dissolved at any time even after term in which judgment was rendered, and such judgment may be opened even though an appeal from it is pending and execution has been stayed. Id., 244. Cited. 23 CS 298. Where plaintiff's claim is for permanent injunction, facts and statements to be proved at trial would be given under oath. 39 CS 53.
Cited. 5 Conn. Cir. Ct. 727; 6 Conn. Cir. Ct. 105.