Duksa v. City of Middletown

This is the second appeal in this case and certain material facts outlined in the earlier opinion need not be repeated here. See Duksa v. Middletown, 173 Conn. 124, 376 A.2d 1099 (1977) (Duksa I). In 1970, the plaintiff owned a farm of about 100.5 acres in a part of the defendant city of Middle-town (city) zoned for industry. In that year he granted the city an easement and right of way for a sewer across his land in return for the right to tie into the sewer without cost. The permanent sewer easement occupies 2.1 acres with approximately 1200 feet running in a north-south direction. There…