Kelly v. Alpstetten Association, Inc.

Confronted by a claim for the expenses of a water system, the plaintiff brought a declaratory action seeking to prevent the shutting off of water to premises owned by him, and to have his rights to take water from the system declared. The defendant, present owner of the water system, countered with a cross-bill seeking to establish a duty in the plaintiff to pay for his water service, and to confirm the defendant corporation’s right to terminate service.

A temporary injunction issued below preventing the shut ting off of water, and the case was duly heard. Judgment in favor of the defendant…