Can a judge order a declaratory judgment against a defendant for failing to enforce section 53-255 of the Connecticut Civil Code?
MultiRegion, United States of America
The following excerpt is from Thoms v. Heffernan, 473 F.2d 478 (2nd Cir. 1973):
1 In the instant case, the three-judge district court stated, "We have no reason to believe defendants will continue to enforce 53-255 upon notice of this decision; accordingly, we forbear to enter an injunction restraining them from enforcing it. Declaratory judgment may, however, enter that the statute is unconstitutional . . . ." Thoms v. Smith, 334 F. Supp. 1203, 1211 (D.Conn.1971).
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