Hutchinson v. Town of Andover

Opinion

SPEAR, J.

The defendant, the town of Andover, appeals from the judgment of the trial court enjoining the town from causing drainage of surface water from a public road onto the plaintiffs’ property in violation of General Statutes § 13a-138 (a).1 The defendant claims that the trial court improperly (1) refused to weigh equitable considerations, including the cost to the defendant to remedy the drainage problem, in determining whether the drainage system caused the least amount of damage to the plaintiffs’ property, (2) relied on outdated tests in finding unacceptably high levels of…