23 New Canaanites Sue Water Company over Plan To Use Indian Waters Drive in Connection with Proposed Two-Lot Subdivision, Development
Saying Aquarion has no legal right to use their street, 23 of Indian Waters Drive in New Canaan are collectively suing the water company as it pursues a plan to subdivide and develop a wooded parcel that includes use of the private road as an access way. The approximately 10-acre lot owned by Aquarion historically has been served by a driftway running from Weed Street to Frogtown Road, and Indian Waters Drive itself didn’t exist at the time a predecessor water company acquired the parcel in question 110 years ago, according to a complaint filed Oct. 17 in state Superior Court in Stamford. Those who own properties along Indian Waters Drive itself own portions of it up to the centerline, and those who own other homes on the road may pass and repasss it, according to the complaint, filed on the neighbors’ behalf by attorney Amy Zabetakis of Darien-based Rucci Law Group. Yet use of the road is deed-restricted to those property owners, the lawsuit said, so what Aquarion proposes to do “constitutes trespass on the Indian Waters Drive property owners’ property.”
“The Indian Waters property owners request that the court issue a declaratory judgment determining that Aquarion does not have the right to use Indian Waters Drive,” the complaint said.