EMINENT DOMAIN - RHODE ISLAND

Johnston Equities Associates, LP v. Town of Johnston

Supreme Court of Rhode Island - July 1, 2022 - A.3d - 2022 WL 2378319

Owner of federally subsidized affordable-housing apartment complex brought continuing trespass action against town, town finance director, and town director of public works, alleging that they allowed sewage from town’s sewer pipelines to be discharged into apartment complex’s private sewer line.

The Superior Court entered judgment on jury verdict for complex owner but reduced $1.2 million award to $100,000 based on statutory cap on damages. Complex owner appealed, and town cross-appealed.

The Supreme Court held that:

Town’s continuing trespass through connection of town sewer line to apartment complex’s private sewer line was not part of the design and construction of the system, and thus was not a “governmental function” but instead was a “proprietary function” to which the statutory cap on tort damages did not apply; town was unaware of the connection until shortly before the trespass action was filed, plans and maps did not show any plan for the town to tie into the private line, and claim was that town, by allowing its sewage to flow into the private line, wrongfully operated the town’s sewage system.



Copyright © 2024 Bond Case Briefs | bondcasebriefs.com