Gentili v. Town of SturbridgeAnnotate this Case
The Supreme Judicial Court affirmed the judgment of the superior court granting summary judgment and dismissing Plaintiffs' action seeking compensation for what it alleged was a taking, by the Town of Sturbridge, of certain property, holding that the superior court judge correctly concluded that Plaintiffs did not establish a taking or any right to compensation or damages.
Plaintiffs, trustees of a trust, commenced an action against the Town seeking declarations concerning the Town's right to discharge water onto trust property. A judge declared that the Town had obtained a prescriptive easement on the property to discharge storm water through a town culvert onto and across the property. Plaintiffs then brought this action seeking compensation, arguing that the easement amounted to a taking for which it was entitled to compensation. A judge allowed the Town's motion for summary judgment. The Supreme Judicial Court affirmed, holding that Plaintiffs had no basis on which to claim a taking because the Town acquired the right to discharge storm water onto the property via the prescriptive easement.