PATRICIA W. LAMBERT v. MATTHEW J. McKENNA and JOANNE R. COLLINS

The parties in this case are neighboring property owners in Brewster. Their properties both have frontage along Fishermen’s Landing Road, a public way. Fishermen’s Landing Road is paved, but the pavement does not occupy the entirety of the roadway layout. Instead, there is a wide shoulder on both sides of the pavement. The town does not allow parking anywhere in the layout. The defendants propose to construct a driveway across the layout in front of the plaintiff’s property to connect to the pavement. The plaintiff objects to the defendants’ parking in front of her property and brought this action to stop it.

For the reasons set forth in the court’s Decision of this date, I find and rule that the defendants may construct a driveway from their property to the paved portion of Fishermen’s Landing Road in whatever location the defendants and the town agree upon. The defendants and their agents, servants, relatives, and guests, all those acting in concert with them, all those acting or purporting to act on their behalf, and all those under their control, however, are hereby enjoined and restrained from parking or placing objects of any kind in the Fishermen’s Landing Road layout in front of the property owned by Patricia W. Lambert, or in any other manner impeding or interfering with access to the plaintiff’s property along its entire frontage. See Exhibit D attached to the Decision.

SO ORDERED.

By the court (Long, J.)