Berry v. Town of Danvers

In April, 1987, the Danvers water and sewer commission adopted a" Sewer Connection Permit Program (SCPP). A principal feature of the SCPP was an increase of the sewer connection fee (from a flat $10 per connection to a rate of $4 for each gallon of sewage to be discharged daily) to be paid by landowners seeking to connect to the common sewer system or to increase usage by an existing connection. The plaintiffs, trustees of the Portside Realty Trust (Port-side), paid $58,000 pursuant to the SCPP to connect seven condominium buildings they were developing to the Danvers system. Portside…