General Growth Properties Litigation

In this litigation against General Growth Properties challenging the developer’s installation of private sewer lines in and adjacent to a sewer easement on General Growth’s property within which the client Town’s sewer lines were installed, the Court issued an order of permanent injunction against General Growth, requiring that the developer install its sewer lines in a manner that would not unreasonably interfere with the Town’s use of and enjoyment of the easement, and further requiring the developer to assume the cost of future repairs to the Framingham sewer lines within the easement in the areas where the private lines crossed the Framingham sewer lines, without proof of causation of responsibility. The developer also agreed to assume certain costs of monitoring the installation of the private sewer lines that had been incurred by the Town Department of Public Works, and further agreed to record instruments at the Middlesex (South) Registry of Deeds establishing certain relocated sewer easements.