The Supreme Judicial Court ("SJC") recently held that a government taking did not occur where a town had acquired a prescriptive easement to discharge storm water through private property. In Gentili v. Town of Sturbridge, Plaintiffs commenced an action in 2015 in the Land Court seeking various declarations against the town and its rights to discharge storm water onto the Plaintiffs' property. The Land Court held the town had acquired a prescriptive easement pursuant to G.L. c. 187 § 2 to discharge the storm water on to the property.
