Connecticut Court of Appeals, 1990

Johnson v. Sewer Authority

Connecticut Court of Appeals · Decided April 11, 1990 · No. 8214

21 Conn. App. 814; 573 A.2d 322; 1990 Conn. App. LEXIS 120

Cases that cite this one

2 later published cases cite this decision.

Pepper Prt. v. Water Poll. Ctr., Newtown, No. Cv98-0331241 S (Oct. 14, 1999) (Connecticut Superior Court 1999)
Northeast Enter. v. Water Pol. Auth., No. Cv89 02 81 59s (Jan. 31, 1991) (Connecticut Superior Court 1991)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Per Curiam.

The plaintiff appeals from the state trial referee’s dismissal of his appeal of a special benefit sewer assessment levied by the defendant against his property.

A special benefit assessment established by an appropriate town body is presumed to be valid and correct. Katz v. West Hartford, 191 Conn. 594, 602, 469 A.2d *815410 (1983); Anderson v. Litchfield, 4 Conn. App. 24, 28, 492 A.2d 210 (1985). In order to rebut that presumption, the plaintiff has the burden of proving that the assessment is invalid because it exceeds the dollar benefit accruing to his property. Anderson v. Litchfield, supra. Benefit to the plaintiffs property is measured by the difference between the market value of the property before and after the improvement. Id., 29.

Our review of the record in the present case discloses that the plaintiff produced no evidence to rebut the presumption of the assessment’s validity. The trial referee properly granted the defendant’s motion to dismiss the plaintiff’s appeal.

There is no error.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.