Babij v. Town of Winchester

By: Mark J. Claflin

mclaflin@hl-law.com

860-249-1361 x 143

Babij v. Town of Winchester:  Howd & Ludorf, LLC partner Kristan Maccini obtained a defense verdict for the Town of Winchester following a five-day bench trial.  In Babij v. Winchester, the plaintiff claimed that the Town’s snowplowing of a road and piling of the snow in a pile to the northeast and uphill  of her property caused a water runoff condition which created ruts and damage to a right-of-way she shared in common with her neighbors as well as to her property.  A verdict was returned for the defendant Town on the plaintiff’s claims of nuisance and trespass on the basis that the plaintiff failed to sustain her burden of proof as to either claim.  The defendant established through the testimony of its Director of Public Works that the manner in which the Town plowed the road did not result in an unreasonable interference with the plaintiff’s use of her property and that there was no other feasible way of plowing the road and piling the snow.