Thursday, December 26, 2013

Citizens for Preservation of Waterman Lake v. Davis case brief

Citizens for Preservation of Waterman Lake v. Davis case brief summary
420 A.2d 53 (1980)

Plaintiffs, citizens group and town, sought review of the decision from the Superior Court, which entered judgment for defendants, dump operator and town council president. On remand, the town council president was dropped as a defendant. The citizens group brought an action for injunctive and declaratory relief and for money damages against the dump operator, and the town was permitted to intervene as a plaintiff.

The citizens group and town argued that the trial court erred by refusing to enjoin the dump operation until the dump operator filed an application to alter wetlands in accordance with the Fresh Water Wetlands Act (Act).


  • The court held that the authority to enforce the Act was exclusively vested in the Department of Natural Resources Director and that the citizens group and town did not have standing to enforce the Act. 
  • The trial court correctly found that the citizens group was not entitled to declaratory relief and that the town was not entitled to injunctive relief to remedy the dump operator's alleged violations of the refuse ordinances. 
  • The citizens group failed to produce evidence directly bearing on the amount of noise created by the dump trucks and failed to show that the noise from the trucks was a nuisance. 
  • The citizens group failed to produce evidence as to causation, with respect to odors, injury, and adulteration of the waters in question.
The court denied and dismissed the citizens group's appeal and affirmed the judgment in favor of the dump operator. The court remanded the case.

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