Lemansky v. Charlton Water & Sewer Commission

Ostrach, Stephen, J.

Kathleen Lemansky and Bonnie Wolanaki each own property in Charlton. Each requests the Court order the defendant Charlton Water and Sewer Commission (“Commission”)1 to permit them to connect their property with the Charlton public sewer system. For the reasons stated below, plaintiffs’ motions for summary judgment are denied and the cross motions made by the defendants are allowed.

Factual Analysis

As is to be expected when the parties have filed cross motions for summary judgment under Mass.R.Civ.P. 56, the relevant facts are largely undisputed. The following discussion…