Duksa v. City of Middletown

173 Conn. 124 (1977)

JOSEPH DUKSA

v.

CITY OF MIDDLETOWN ET AL.

Supreme Court of Connecticut.

Argued March 3, 1977.

Decision released May 24, 1977.

HOUSE, C. J., LOISELLE, BOGDANSKI, LONGO and SPEZIALE, JS.

Francis O'Neill, city attorney, for the appellants (defendants).

Waldemar J. Lach, for the appellee (plaintiff).

LOISELLE, J.

The plaintiff owns a farm in a part of Middletown zoned for industry. In 1970 he granted the defendant city of Middletown an easement and right-of-way across his land for a sewer, in return for the right to tie into the sewer without cost. The sewer was constructed for gravity…