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CONSTRUCTION LAW: Design contractor could not create a public nuisance

The Connecticut Appellate Court holds that since a nuisance is a condition on property, rather than the act that creates that condition, a design professional who designed an allegedly dangerous condition could not be held liable on a nuisance theory.  The Appellate Court affirmed a lower court’s ruling that the plaintiff had failed to rebut the defendant’s evidence that it lacked control over the property where the allegedly defective condition was located.

Fisk v. Town of Redding, AC 37537 (04/19/16)