Stockbridge Community Ass'n v. Star Enterprise

By Judge Thomas S. Kenny

This case came on to be heard on the demurrer of all defendants to Counts One through Six of Plaintiffs’ Motion for Judgment. Count One alleges strict liability. Count Two alleges violation of the state water control law. Count Three alleges negligence. Counts Four and Five allege nuisance. Count Six alleges trespass. Defendant Edward Fencil also filed a demurrer to the entire action against him.

For the reasons set forth below, the demurrer to Count One is sustained; the demurrers to Counts Two and Three are overruled; the demurrers to Counts Four and Five are…