Date: Fri 30-Jun-1995

Publication: Bee

Author: CURT

Quick Words:

c8-sewer-easement-lawsuit

Full Text:

Sewer Easement Offer Draws A Lawsuit

A local man unhappy with what the town's willing to pay him for a sewer

easement is challenging the town in court.

David Nanavaty of 28 Currituck Road said what the town eventually pays him for

a sewer easement will be decided by a judge in Danbury Superior Court. Mr

Nanavaty, who is an attorney, is representing himself in the matter.

The town has offered to pay Mr Nanavaty $900 for a sewer easement, he said. An

appraiser Mr Nanavaty has hired to estimate the value of the easement,

however, places its value at somewhere between $27,500 and $32,500, depending

upon how well the town restores the property which was damaged in connection

with sewer line installation, he said. The 15-foot-wide sewer easement on the

1.4-acre property covers more than 4,000 square feet.

A court hearing on the easement issue was held June 23. Judge T. Clark Hull is

serving as trial referee in the case.

The property is located on the east side of Currituck Road, across the street

from Currituck Road's intersection with The Old Road.

In connection with the sewer installation work, the town felled more than 17

trees on his property, Mr Nanavaty said. Trees cannot be replanted on the

sewer easement area so that the town can have easy access to the sewer line

for maintenance and repairs.

Mr Nanavaty's property was among several properties the town sought to condemn

last fall to obtain sewer easements. The town received court approval last

December to install a sewer line on the Nanavaty property.

¾This whole experience has been a learning experience for me,¾ Mr Nanavaty

said.

The town has begun restoration work on the property, he added. Trees to

replace those cut down for sewer installation will be planted in the fall when

they are likely to fare better than they would during the dry summer season,

he said.

After all restoration work is done at the property, Judge Hull, acting as a

trial referee, plans to visit the site to inspect it before issuing a fact-

finding statement.

The statement will be reviewed by a presiding judge who will act on resolving

the case .