The owners of one home in a recently carved subdivision are suing a neighbor who they say has threatened to cut off access to an underground sewer pipe, a move that—if it materialized—would back up sewage on the property.
Construction is underway at the lot formerly known as just 809 Weed St., now four lots. The Lagardes’ home can be seen in the back. Credit: Michael Dinan
The threat appears to have materialized following the subdivision of 809 Weed St. into four lots, with a plan that the three additional homes going in there—numbers 807, 811 and 813—would hook up to that same sewer pipe.
That pipe is large enough to accommodate all four homes and those Weed Street homeowners have rights to it through an easement, according to the lawsuit filed in March by Michele Lagarde and Marlous Sutorius-Lagarde of 809 Weed St., but the neighbors under whose property it travels have “refused to acknowledge the existence of the Sewer Easement” and have said they intend to “disconnect, disrupt and/or remove the Sewer Pipe.”
The four-lot subdivision in question is the one located directly across from the southern (blocked off) entrance to Irwin Park. They back up to 90 Kimberly Place, owned by defendants Jerzy and Irena Glowczewski.
This map shows the sewer easement—here, the property at 809 Weed St. is identified by its former owner, Stanley Resor, and the Kimberly Place neighbor by the former owner of that property, Thomas McLane.
The sewer pipe itself went in nearly 40 years ago, according to the lawsuit. The Glowczewskis bought their Kimberly Place home a few years later, and the Lagardes acquired their Weed Street lot 18 months ago (just after the subdivision) through a LLC that they own.
Since then, the Lagardes have paid sewer use taxes to the town and their use of the sewer pipe and easement has been “open, visible, continuous and uninterrupted,” the lawsuit says.
The most recent order in the case, made July 7, requires the Glowczewskis “not to interfere with the plaintiffs’ use of the sewer line” while the litigation is pending.
“Any disruption or disconnection of the Sewer Pipe will cause irreparable harm to the plaintiffs Michel Lagarde and Marlous Sutorius-Lagarde in that sewage and effluent from 809 Weed Street and the other three lots … would have no means of exit … and would accumulate thereon,” the complaint says.
There’s no other way for the Weed Street homes to access New Canaan’s sewer system, the complaint says.
According to the Connecticut Judicial Branch website, a trial is scheduled for next month.
The Glowczewskis’ attorney, Joseph Capalbo of Stamford, was not immediately available for comment.
Reached by NewCanaanite.com, the plaintiffs’ attorney, New Canaan-based David Rucci, said the suit is expected to be settled next week. Since it’s pending, he could not provide details of the proposed settlement.