City Compensates Homeowners

Firm wins large monetary settlement for homeowners

A group of seven neighbors sued the city of Chicopee based on the City’s liability in not preventing a known 30 year-old dumping practice in the ravine behind their homes. The dumping resulted in erosion of the slope of the land, illegal water pooling and instability in the foundations to their homes.

After seeking help from five different attorneys, and being told they had no cause of action, Attorney Raipher Pellegrino sued under a specific tort; a violation of the wetlands act. He theorized that each day the material or fill was still in the ravine behind the homeowners’ homes, there was a new tort and the statute of limitations had not run out. Of the seven members in the original complaint, two withdrew for fear of retaliation from the city.

Result: Before the case reached trial a settlement was offered by the city. The settlement was unique in that it offered each home owner a cash settlement and a 50% assessment of property taxes for life, resulting in very large sums. After trying for so many years to protect their personal investments, they had finally prevailed. The settlement triggered a response from the two property owners who had withdrawn from the suit. They then sued the city.

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