August 14, 2019

Devitt Spellman Barrett prevailed on appeal in a nuisance and trespass action asserted against its municipal client based on alleged flooding from the municipal roadway. The appellate court agreed that the municipality established that it did not divert water by artificial means onto plaintiff’s property or make any improvements that were not in good faith. The appellate court reversed the denial of summary judgment and dismissed the complaint in its entirety.