MUNICIPAL LAW – Superior Court holds that municipality qualifies as “owner” under recreational use statute

1/24/2017 | Kathryn M. Cunningham

Category: Municipal Law

Kathryn M. Cunningham

Granting the defendant town’s motion for summary judgment, the court concludes that a municipality qualifies as an “owner” of land for the purposes of General Statutes §52-557g, the recreational use statute.  The plaintiff was allegedly walking her dogs in an open area on town property when she fell into a hole.  The plaintiff asserted a defective highway claim, as well as claims for negligence and nuisance.  The defective highway claim was dismissed based upon a lack of timely notice.  As to the negligence and nuisance claims, the court holds that 2011 amendment to the recreational use statute made clear that municipal land held open for recreational purposes was within the scope of the statute and thus barred the plaintiff’s claim.  Memeck v. Town of Ansonia, CV15-6018817 (Stephens, J.) (11/29/16)

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