Plaintiff Evan Wile, individually and as trustee of the West Street Realty Trust, brought this action to declare and enforce his easement rights over the land of defendants Carol Horvitz, Jr. (the trustee of the Edgewater House Trust) and Jeffrey Horvitz (the sole beneficiary of the Edgewater House Trust). Specifically, Mr. Wile contended that the gate Mr. Horvitz constructed across the right of way violated a previous judgment of this court [Note 1] and constitute[d] an intentional and unprivileged interference with Wiles easement rights and therefore constitute[d] a trespass against those rights. Amended Complaint to Enjoin Defendants from Interfering with Plaintiffs Use of His Easement at 8 (March 15, 2005). Additionally, Mr. Wile sought a judgment declaring that his easement across [a portion of the defendants property] is a uniform 20 in width throughout, confirming the location of the easement and Wiles right to improve the easement for its entire 20 width, declaring that the gate unreasonably interferes with Wiles easement rights, and providing permanent injunctive relief. Id. at 9. Mr. and Mrs. Horvitz contended that the gate does not unreasonably interfere with Mr. Wiles use of the easement and further contended that the 1997 Decision determined the location and width of the easement, a portion of which (they contended) was determined to be less than twenty feet. Accordingly, Mr. and Mrs. Horvitz invoked the doctrines of res judicata and judicial estoppel in response to Mr. Wiles declaratory judgment count regarding the width and location of the easement.
Mr. Wile and the Horvitzes filed cross-motions for summary judgment. For the reasons set forth in the courts Memorandum and Order on the Parties Cross-Motions for Summary Judgment dated November 26, 2008, the parties cross-motions for summary judgment were ALLOWED in part and DENIED in part. Chief Justice Kilborns 1997 Decision determined the location of the right of way as depicted in Exhibit A to the memorandum and order. That right of way is twenty-feet wide for its entire length. For the reasons set forth in this courts Memorandum and order on Plaintiffs Motion for Clarification of this date, the Avenue section of the easement is located as shown on the Plan of 20 Right of Way at West Street (Jan. 5, 2009), attached to the Affidavit of David J. Crispin (Jan. 16, 2009). Mr. Wile has the right to maintain and improve the right of way, consistent with its purpose as a way. Finally, the gate that Mr. Horvitz erected over the width of the right of way constitutes a material inconvenience to Mr. Wiles right to use the way and must be removed within thirty days of the date of this Judgment.
By the court (Long, J.)
[Note 1] The previous decision and judgment were in Rattigan v. Wile, Land Ct. Misc. Case No. 185358 (Jan. 13, 1997) (Kilborn, C.J.) (hereinafter, the 1997 Decision).