Town of Framingham v. General Growth Properties

Permanent injunction against developer for repair or damage to Framingham sewer line.

Issue

Can the Town enjoin a developer from installing a private sewer line within the Town’s easements for public sewer lines?

Challenge

Title examination revealed that Town possessed non-exclusive easement rights that allowed the servient estate (General Growth, the owner of the property) to undertake certain activities within the easement that were not inconsistent with the purpose of the Town of Framingham easement. General Growth’s proposed installation of a private sewer line that arguably was inconsistent with the pre-existing easement and presented a risk of damage to the Town’s pre-existing gravity sewer line.

Outcome

Obtained a permanent injunction precluding General Growth Properties from conducting operations within established Town of Framingham sewer easement at Natick Mall and requiring General Growth to repair any damage occurring to the Framingham sewer line where General Growth’s private sewer line crossed over the existing Framingham sewer line.