Summary Judgment for Municipality in “Novel” Laundromat Case

Attorney Matthew Lindberg successfully moved for summary judgment against the proprietor of a laundromat who claimed that he was over-charged by the Town Water and Sewer Commission. Maintaining that a sewer rate based on capacity, rather than actual usage, was unjust and inequitable, the plaintiff brought claims of unjust enrichment, interference with advantageous business relationships and violation of Chapter 93A. In his written decision allowing the defendant’s motion, Judge David Ricciardone acknowledged that the plaintiff’s sewer bill increased approximately 400% when the Commission changed the formula of its sewer rate to one based on capacity. He also recognized the novelty of the case, noting the lack of appellate caselaw squarely addressing the issue since 1900. Nonetheless, the court found that the plaintiff introduced no evidence to support its claim that the Commission exceeded its authority. The court entered judgment in favor of the defendant on all counts.

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