Brookside Memorials, Inc. v. Barre City

Plaintiff Brookside Memorials, Inc., a granite manufacturer seeking a refund for sewer bill overpay-ments it made to defendant Barre City over a six-year period, appeals the superior court’s order granting the City summary judgment. We hold that under the facts and circumstances of this case, plaintiff is entitled to the requested refund; accordingly, we reverse the court’s order and grant summary judgment to plaintiff.

Plaintiff is a Barre City business engaged in the manufacture and distribution of granite memorials and other granite products. The building in which plaintiff is located was…