WAYNE KURKER and MARGARET KURKER v. STEFAN SEIDNER and CYNTHIA SEIDNER

This action was commenced by Wayne Kurker and Margaret Kurker (hereinafter “Plaintiffs”) on May 6, 2005, seeking declaratory judgment of prescriptive rights over and title by adverse possession of, certain real estate, owned of record by Stefan Seidner and Cynthia Seidner (hereinafter “Defendants”).

On April 18, 2006, Plaintiffs filed a Motion for Summary Judgment along with a Memorandum of Law and supporting Affidavits. The motion was argued on June 16, 2006 before the Court (Trombly, J.) and taken under advisement. The same day, Defendants filed a Motion for Reconsideration of the Court’s allowance of the Plaintiffs’ Motion to Strike Defendants’ Responses and Revised Responses to Requests for Admissions and a Motion to File Revised Responses to Plaintiffs’ Requests for Admissions. On June 27, 2006, the Plaintiffs filed an Opposition to Motion for Reconsideration. On July 20, 2007, the Court allowed in part Plaintiffs’ Motion for Summary Judgment and denied Defendants’ Motion for Reconsideration.

On July 21, 2008, Plaintiffs filed a Motion for Entry of Final Judgment. On July 30, 2008, Attorney Marjorie Cooke appeared for the Defendants. The motion was argued on August 4, 2008, before the Court and is one of the matters presently before the Court. On August 26, 2008, Defendants filed an Opposition to the Motion for Entry of Final Judgment along with supporting Affidavits.

On August 20, 2008, Defendants filed a Motion to Reopen Record to Permit Filing of an Opposition to, and to Reconsider Ruling on, Plaintiffs’ Motion for Summary Judgment along with supporting Affidavits. On August 26, 2008, Plaintiffs’ filed an Opposition to the motion along with supporting Affidavits. The motion was argued on August 27, 2008, before the Court and is the other matter presently before the Court.

On September 19, 2008, the Court denied the Defendant’s Motion to Reopen the Record and allowed the Plaintiffs’ Motion for Entry of Final Judgment.

In accordance with the Court’s Decision on summary judgment and Order denying the Motion to Reopen the Record and allowing the Motion for Entry of Final Judgment, it is hereby

ADJUDGED and ORDERED that Plaintiffs have acquired title by adverse possession to the parcel of property labeled “Lawn Section” on the Decision Sketch attached hereto, abutting their property located at 779 Craigville Beach Road, Barnstable, Massachusetts (hereinafter “Plaintiffs’ Property”);

ADJUDGED and ORDERED that Plaintiffs have established a prescriptive easement to use the driveway labeled “Gravel Drive **” on the Decision Sketch, for the purpose of access to Plaintiffs’ Property;

ADJUDGED and ORDERED that Plaintiffs have established a prescriptive easement to use the driveway labeled “Exist. Bit. Conc. Drive” on the Decision Sketch, for the purpose of access to Plaintiffs’ Property; and it is further

ADJUDGED and ORDERED that all Plaintiffs’ claims still remaining from their Complaint be, and are hereby, DISMISSED with prejudice, including but not limited to Plaintiffs’ claim of:

a. Prescriptive easement over the driveway labeled “Gravel Drive *” on the Decision Sketch.

b. Prescriptive easement over certain beach paths over Defendants’ property located at 19 Magnolia Avenue, Centerville, Massachusetts.

c. Plaintiff’s claim to prescriptive easement to park vehicles on Defendants’ property.

d. Plaintiffs’ claim to any damages resulting from Defendants’ alleged interference with any of these dismissed claims of right.

By the Court (Trombly, J.)