Waterbury v. Watertown

Citations

• 233 Conn. App. 104

Syllabus

The defendant town appealed from the trial court's judgment for the plaintiff city with respect to the plaintiff's action to collect certain unpaid fees for the use of its water and sewer services. The defendant claimed, inter alia, that the court improperly concluded that, in the absence of a contractual agreement, the plaintiff was authorized by statute (§§ 7-239 and 7-255) to set the rates it charged properties located in the defendant municipality for the continued use of its water and sewer services. Held: The trial court properly construed §§ 7-239 and 7-255 as authorizing the plaintiff to set just and equitable rates for the continued use of its water and sewer systems by properties located in the defendant municipality following the expiration of contracts between the parties relating to such use. The trial court properly concluded that, pursuant to statute (§§ 7-239, 7-255 and 7-258), the plaintiff was permitted to bring an action against the defen- dant to recover unpaid water and sewer service charges incurred by proper- ties within the defendant municipality because the defendant had elected to collect payment for such charges. The trial court's finding that the rates set by the plaintiff for water and sewer services were reasonable and equitable was not clearly erroneous. Argued January 8—officially released June 10, 2025