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CIAMPI v. ZUCZEK

C.A. No. 07-256 S.

598 F.Supp.2d 257 (2009)

David M. CIAMPI, Plaintiff, v. Etsuko Motoki ZUCZEK, in her capacity as Finance Director of the Town of Westerly, Paul Cornia, in his capacity as Superintendent of Water of the Town of Westerly, and Paul Charadio in his capacity as Superintendent of Public Works of the Town of Westerly, Defendants.

United States District Court, D. Rhode Island.

February 12, 2009.

Attorney(s) appearing for the Case

Elizabeth M. Noonan, Adam M. Ramos, Adler Pollock & Sheehan P.C., Providence, RI, for Plaintiff.

John J. Cloherty, III, Pierce, Davis & Perritano, LLP, Boston, MA, for Defendants.

OPINION AND ORDER

WILLIAM E. SMITH, District Judge.

In this action, the Plaintiff, David Ciampi, seeks to hold the Town of Westerly liable for the presence of a rain water drainage ditch on his property and for installing and maintaining an underground waterline across another portion of his property.

The Town has moved for summary judgment arguing it has acquired a prescriptive easement over the drainage ditch and disclaiming any ownership...

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