Jim Boyle v. City of Portsmouth, Comcast

Portsmouth, NH - Jim Boyle, one of the owners of a Toyota dealership in Portmouth, sued the City of Portsmouth and Comcast on trespass and negligence theories claiming that his property flooded with sewage and his business was damaged as a direct result of a city sewer pipe traversing his property. He claimed that flooding prevented him from expanding is Toyota of Portsmouth Toyota business which he claimed cost him $13.7 million.



He claimed that Comcast did not prevent flooding from a portion of the city sewer line on its adjacent property.



While the sewer line had been in place for many years but damages were limited to the years 2014 through 2016.



The City claimed that Boyle's damages should be limited to damages relating to the alleged nuisance created by flooding caused by the sewer pipe and berm in which was contained. It claimed that the wetlands involved had been there for atleast 700 years and that the sewer line did not create the problem. It also claimed that it had acquired a right-of-way across Boyle's land by prescription.



The City condemned a right-of-way across Boyle's property in another action against him.

Under deliberation