In Town of Elmira v. Hutchison , Mark Hutchison tried to stop the Town of Elmira from modifying a drainage system situated on his land.
Before Hutchison purchased the property, the prior owners granted the Town a 30-foot wide drainage easement. When a Town Board meeting was held to determine whether a new residential development could be constructed, the project's approval was subject to the drainage system's enlargement so that the anticipated increased water flow could be accommodated.
After Hutchison refused to allow those modifications, Elmira sued and the Chemung County Supreme Court granted a preliminary injunction, barring Hutchison from interfering with the project.
On appeal, the Appellate Division, Third Department, found Elmira's actions consistent with the "extent and nature" of the easement's terms.
Modifying the 30-foot drainage system to address the increased water flow was a reasonable use of the easement and one contemplated by the original grant. Elmira sufficiently established that it would be "irreparably harmed" if the injunction weren't granted since the drainage system modifications were necessary to "ensure the ongoing protection of property located within the water district."
Was that a big pipe dream?
To download a copy of the Appellate Division's decision, please use this link: Town of Elmira v. Hutchison