SCHLEISSNER v. PROVINCETOWN

No. 88-P-507.

27 Mass. App. Ct. 392 (1989)

538 N.E.2d 995

THEA R. SCHLEISSNER vs. TOWN OF PROVINCETOWN.

Appeals Court of Massachusetts, Barnstable.

May 30, 1989.


Attorney(s) appearing for the Case

J. Douglas Murphy for the plaintiff.

George M. Matthews for the defendant.

Present: GREANEY, C.J., ARMSTRONG, & KASS, JJ.


GREANEY, C.J.

After a trial without a jury, a judge of the Superior Court concluded that the town of Provincetown had created a nuisance in its storm water disposal system, which periodically floods the plaintiff's property. The judge awarded the plaintiff damages of $15,000, without interest, to compensate her for the loss of the use and enjoyment of her property, and gave the town the alternative of either disconnecting certain storm drains which cause the flooding...

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