Cheney v. City of Montpelier

¶ 1. Landowner, Benjamin Cheney, appeals a civil division decision reversing a small claims award in his favor. Contrary to the small claims court, the trial court held that landowner had failed to prove claims of negligence or trespass on the part of defendant, the City of Montpelier, resulting from a ruptured water main. We affirm the trial court but on alternate grounds.

¶ 2. Landowner owns an apartment building on Main Street in downtown Montpelier. At two o’clock in the morning on February 4, 2009, the water main adjacent to this property ruptured, and the resulting leak flooded the…