Legal Opinion

Ciampi v. Zuczek Ex Rel. Town of Westerly

District Court, D. Rhode Island

Decided February 12, 2009No. C.A. 07-256 SPublishedCited by 10 opinions

1Opinion of the Court

OPINION AND ORDER

WILLIAM E. SMITH, District Judge.

In this action, the Plaintiff, David Ciampi, seeks to hold the Town of Westerly liable for the presence of a rain water drainage ditch on his property and for installing and maintaining an underground waterline across another portion of his property.

The Town has moved for summary judgment arguing it has acquired a prescriptive easement over the drainage ditch and disclaiming any ownership responsibility for the waterline. Because material issues of fact are still in dispute surrounding the creation of the drainage ditch, summary judgment on…

2Cases cited48 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  3. Parratt v. TaylorSupreme Court of the United States · 1981
  4. Zinermon v. BurchSupreme Court of the United States · 1990
  5. Williamson County Regional Planning Commission v. Hamilton Bank of Johnson CitySupreme Court of the United States · 1985

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3Cited by10 opinions

  1. Cappalli v. BJ's Wholesale Club, Inc.District Court, D. Rhode Island · 2012
  2. Securities & Exchange Commission v. Locke Capital Management, Inc.District Court, D. Rhode Island · 2011
  3. King v. Friends of AyotteDistrict Court, D. New Hampshire · 2012
  4. Pickett v. Ditech Fin., LLCDistrict Court, D. Rhode Island · 2018
  5. Barfield v. Sho-Me Power Electric CooperativeDistrict Court, W.D. Missouri · 2014

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