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City of Rincon v. Sean and Ashleigh Inc.

Injunctive relief was proper, since the complained of act constituted a continuing trespass.

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This is an appeal from the trial court’s order enjoining appellant City of Rincon the “city” from allowing a third party to connect to a sewer line installed by appellee Sean and Ashleigh, Inc. “Ashleigh”. For the reasons that follow, we affirm. The city granted Ashleigh permission to install a sewer line that connected to the city’s sewerage system. As part of their agreement, Ashleigh paid for all costs of installation and connection of the sewer line and agreed to be responsible for maintenance costs for the sewer line for one year. At the end of that year, the city would allow Ashleigh to dedicate and transfer ownership of the sewer line to the city. Because Ashleigh’s property was located some distance from the part of the municipal sewerage system to which it planned to connect its sewer line, Ashleigh sought and the city granted permission for the line to be installed in the city’s right-of-way. Ashleigh thereafter installed a lateral sewer line from its building to the city’s right-of-way. Consistent with the agreement, Ashleigh also installed a trunk line, a larger line capable of handling sewage from multiple users, along the city’s right-of-way and past the Rincon United Methodist Church, which was then under construction, before connecting with the city’s existing sewerage system.

After installation of the lateral and trunk lines was complete, the church notified Ashleigh that it would like to tap into the trunk line. Some discussions were held but an agreement was never reached. The church then requested permission from the city to connect to the trunk line. The city granted permission for the connection upon payment of certain fees, which the church paid.

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