Raspberry Junction Holding, LLC v. Southeastern Connecticut Water Authority

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The Supreme Court reversed the judgment of the trial court granting summary judgment in favor of Defendant, Southeastern Connecticut Water Authority, on the basis of a rule (Rule) promulgated by Defendant immunizing itself from liability for failures or deficiencies in its supply of water to customers, holding that there was no explicit authorization in the special act creating Defendant that authorized Defendant to promulgate such a rule. Defendant was created in 1967 by a special act of the General Assembly. On the basis of the authority purportedly granted to it by a provision of the special act, Defendant adopted the Rule at issue in this case. Plaintiff later commenced this action seeking damages on the basis of a loss of water service at a hotel operated by Plaintiff. Defendant moved for summary judgment, arguing (1) the Rule immunized it from liability, and (2) the claim was barred by the common-law economic loss doctrine. The trial court rendered summary judgment for Defendant based on the Rule. The Supreme Court reversed and remanded the case, holding that Defendant lacked authority to promulgate a rule that immunized it from liability for disruptions to water service. View "Raspberry Junction Holding, LLC v. Southeastern Connecticut Water Authority" on Justia Law