Opinion
(6449)
Argued October 11, 1988
Decision released November 17, 1988
Action to enjoin the defendants from installing a sewer line across certain of the plaintiffs' real property, and for other relief, brought to the Superior Court in the judicial district of New London at Norwich, where the court, Tamborra, J., granted the defendant's motion to dismiss and rendered judgment thereon, from which the plaintiffs appealed to this court. No error.
Garret T. Bush III, pro se, the appellant (named plaintiff).
Lois J. Lawrence, for the appellee (defendant).
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, we conclude that the trial court applied the correct standard and did not err in granting the motion.