Birmingham Condo. v. Birmingham Dev., No. Cv92 29 55 13 (Nov. 18, 1992) , 1992 Conn. Super. Ct. 10361 ( 1992 )

[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.] MEMORANDUM OF DECISION

RE: APPLICATION FOR PREJUDGMENT REMEDY The plaintiff, which is a condominium owners association, seeks a prejudgment remedy of attachment to secure its claim against the declarant of the condominium. The evidence shows that rain water, mud, and stones have continuously fallen down a slope along and within the easterly boundary of the condominium association's property. Since 1987, the defendant has built various retaining walls on the slope. The last retaining wall system was a keystone wall, which the defendant built in 1990-1991. The keystone wall was an inadequate solution and the erosion problem continues to exist. The cost to stabilize the slope will be approximately $490,000.00. The plaintiff has demonstrated probable cause for a claim under General Statutes47-275. Since this lawsuit was commenced within three years from the time the keystone wall was built, the lawsuit is not barred by the time provisions of General Statutes 47-277.

The application for a prejudgment remedy is granted.

THIM, JUDGE