MacIejko v. Lunenburg Fire District No. 2

Plaintiffs John and Suzanne Maciejko sued defendant Lunenburg Fire District No. 2 (the district) for damages that resulted when water backed up into the basement of the apartment they were renting from Keith Desrochers (landlord). The small claims court concluded that the district was liable for failing to properly maintain its sewer system.. The superior court disagreed but nonetheless affirmed, holding that the district was liable for failing to enforce its sewage ordinance against landlord. We reverse.

The small claims court found the following facts which, on appeal, are not in dispute.…