Waterbury v. Washington
Citation | 260 Conn. 506,800 A.2d 1102 |
Decision Date | 02 July 2002 |
Docket Number | (SC 16509). |
Court | Connecticut Supreme Court |
Parties | CITY OF WATERBURY ET AL. v. TOWN OF WASHINGTON ET AL. |
Borden, Norcott, Katz, Palmer and Cocco, Js. Christopher Rooney, with whom were Michael G. Tansley and Howard K. Levine, for the appellant-appellee (named plaintiff).
William H. Bright, Jr., with whom were William H. Narwold, Holly Winger and, on the brief, Charles D. Ray and Vanessa D. Roberts, for the appellees-appellants (named defendant et al.).
Janet P. Brooks, assistant attorney general, with whom, on the brief, were Richard Blumenthal, attorney general, and Gail S. Shane, assistant attorney general, for the appellee (intervening defendant attorney general et al.).
Curtis P. Johnson, with whom, on the brief, were Penny H. Anthopolos and Dana M. Young, for the appellee (intervening defendant Connecticut Fund for the Environment, Inc.).
Robert T. Rimmer and Joseph W. Dellapenna filed a brief for the Connecticut Water Works Association as amicus curiae.
The named plaintiff, the city of Waterbury (Waterbury), appeals1 and the named defendant, the town of Washington (Washington),2 cross appeals3 from the judgment of the trial court, rendered after a court trial, granting a permanent injunction in favor of the defendants and enjoining Waterbury's current operation of its water distribution system. In its appeal, Waterbury claims that the trial court improperly concluded that: (1) Waterbury violated the Connecticut Environmental Protection Act (CEPA), General Statutes § 22a-14 et seq.; (2) the relief granted under CEPA did not constitute a taking of Waterbury's vested rights; and (3) Waterbury failed to establish a prescriptive easement to use the waters of the Shepaug River and interfered with the riparian rights of the defendants. In its cross appeal, Washington claims that the remedy ordered by the trial court does not sufficiently cure Waterbury's breach of a certain 1921 agreement between Waterbury and Washington. We conclude that: (1) the trial court utilized an improper standard to determine whether Waterbury violated CEPA; (2) the trial court improperly concluded that Waterbury had not established a prescriptive easement against the riparian rights of the defendants; and (3) our conclusions regarding the CEPA and the riparian rights issues undermine the trial court's ordered remedial release of water, including the remedy ordered on Waterbury's breach of contract claim. Accordingly, we reverse the judgment of the trial court.
Waterbury brought this action, seeking a declaratory judgment that: (1) it has not breached a certain 1921 agreement between it and Washington; (2) it had not unreasonably polluted, impaired or destroyed the public trust, as provided in General Statutes § 22a-16; and (3) its conduct does not constitute a public or private nuisance,4 or a violation of any existing riparian rights. The defendants counterclaimed that Waterbury had: (1) unreasonably polluted, impaired or destroyed the public trust in the water of the state in violation of § 22a-16; (2) engaged in conduct constituting both a public and private nuisance; see footnote 4 of this opinion; and constituting a violation of the defendants' riparian rights; and (3) breached the 1921 agreement between Waterbury and Washington. After a court trial, the trial court rendered judgment for the defendants.
This case concerns the use of the Shepaug River5 as a source of Waterbury's and various surrounding towns' water supply, and the effect such use has on the water conditions in the Shepaug River. As the trial court stated, this case pits those that view the Shepaug River as an "abundant and low cost supply of potable water" against those who wish to maintain "the natural condition of a beautiful and nearly pristine river. . . ."
The trial court found the following facts, which are not in dispute. "Waterbury first developed in the low-lying portions of its present location and expanded up the sides of the surrounding hills. The growth of [Waterbury] in the last part of the nineteenth century and the first decades of the twentieth was related to the development of mills and manufacturing. In 1893, the General Assembly authorized Waterbury to increase its water supply by taking water from `any and all brooks, rivers, ponds, lakes, and reservoirs within the limits of the county of New Haven or the county of Litchfield such supply of water as the necessities or convenience of the inhabitants of said city may require.' [11 Spec. Acts 322, No. 252, § 1 (1893)]. Later enactments excepted Bantam Lake and certain waters of the Naugatuck River. [15 Spec. Acts 912, No. 344 (1909) and 17 Spec. Acts 84, No. 101 (1919)].
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