Town of Carbondale v. GSS PROPERTIES, LLC

In this action for violation of a watershed protection ordinance, defendant, GSS Properties, LLC, appeals the trial court judgment directing that a decree of abatement issue against it and in favor of plaintiff, the Town of Carbondale. We reverse and remand with directions.

In 1999, GSS purchased a fifty-five-acre parcel located above the Town’s Nettle Creek water plant. GSS began construction and earthmoving activities on the property and started using herbicides and other chemicals to eradicate noxious weeds and dandelions.

In June 2001, the Town filed this action against GSS. It sought…