Schleissner v. Town of Provincetown

After a trial without a jury, a judge of the Superior Court concluded that the town of Provincetown had created a nuisance in its storm water disposal system, which periodically floods the plaintiff’s property. The judge awarded the plaintiff damages of $15,000, without interest, to compensate her for the loss of the use and enjoyment of her property, and gave the town the alternative of either disconnecting certain storm drains which cause the flooding or paying the plaintiff an additional $35,000. The town has appealed the finding that it has created a nuisance. Both the town and the…