Himmelstein v. Town of Windsor

Summary

The court affirmed the judgment striking the plaintiff’s nuisance claim against the town because the allegations described a highway defect, for which the statutory highway-defect remedy is exclusive. The court held that this pleading determination was distinct from the later summary-judgment determination that the town was not responsible for maintaining the state highway. It also rejected the argument that the statutory scheme left the plaintiff without a remedy, explaining that the defect’s method of creation does not itself defeat liability under the applicable highway-defect statute.