HARTFORD — A Naugatuck couple lost their bid to reinstate a lawsuit against the borough of Naugatuck over repeated flooding of their Nettleton Avenue home.
A three-judge panel of the state Appellate Court upheld a Superior Court judge’s dismissal of the legal action that alleged borough officials failed to remedy inadequate street drainage.
Homeowners George and Helen Northrup’s property flooded eight times between July 2009 and September 2012, including four times after the couple originally filed suit in February 2010.
The Northrups charged borough officials violated a town ordinance concerning the maintenance of the storm water sewer system and failed to perform their municipal duties in an appropriate way.
The trial judge granted the borough’s motion for summary judgment and dismissed the suit, finding governmental immunity barred the couple’s claims of recklessness and negligence.
A three-judge appeals court upheld the dismissal in a 20-page ruling that rejected all three grounds that the Northrups cited in their appeal.
