Description: Action seeking relief for property damage allegedly caused by upstream development approved by town.
Emerick v. Town of Glastonbury
Filing Date Type File Action Taken Summary 05/14/2015 Memorandum of Decision Memorandum of decision issued granting in part and denying in part plaintiff's and defendant's motions for summary judgment. A property owner in South Glastonbury, Connecticut, brought an action against the Town of Glastonbury seeking damages and injunctive relief for damages caused to his property over the course of several decades by upstream development approved by the Town, stormwater increase, and water quality degradation. The owner filed a seven-count complaint, that included claims of trespass, nuisance, and intentional infliction of emotional distress against the Town. The Connecticut Superior Court denied the owner summary judgment on these claims, finding that the Town had raised genuine issues of material fact as to what caused the damage to the plaintiff’s property. The court noted, for instance, that climate change, “especially an increase in intense precipitation” could be responsible for the erosion and increased stormwater flow on the property.