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Appeals court hears dispute over stormwater design, maintenance and municipal immunity in Barnstable case

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Summary

In Gary Sawyer v. Town of Barnstable (24P.861), the panel considered whether alleged design and maintenance defects in a stormwater BMP caused flooding of a private property and whether municipal immunities under the Massachusetts Tort Claims Act bar the suit; the court took arguments under advisement.

The Appeals Court heard argument in Gary Sawyer v. Town of Barnstable (24P.861) over whether a stormwater best-management-practice (BMP) project negligently designed or maintained by a consultant and overseen by the town caused flooding on private property, and whether municipal immunities bar the claims.

Plaintiff counsel Anthony Panabianco said the BMP retrofit installed near Sawyer's property was acknowledged by design documents (an OEM and record appendix) to be undersized for…

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