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Drainage Easement Dispute

Town of Glastonbury, Connecticut

Successfully defended a large municipality against an injunction action brought by a homeowner. The homeowner plaintiff sought an injunction under state statutes and common law prohibiting the municipality from draining storm water from area streets into and through a decades-old ditch in the rear of the plaintiff's property. The plaintiff also sought an order directing the Town to install a pipe and fill the drainage ditch – with potentially serious ramifications throughout the municipality, and for other municipalities across the State. The court found that the plaintiff was not entitled to the injunctive relief he sought, because the evidence showed that the flow of water was confined to the ditch and there was no evidence that the water flooded the plaintiff's yard. Boyne v. Glastonbury, HHD-CV-06-4024371-S, J.D. of Hartford, at Hartford. Appeal reported at 110 Conn. App. 591.

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