Home BERNICE JOHNSON, W. KENNETH JOHNSON, ROBERT A. JOHNSON, and JUNE PINA v. FALMOUTH PLANNING BOARD, JOSEPH M. SANTOS and MARCIA SANTOS, DEVELOPMENT TRUST, LLC

MISC 06-325867

March 17, 2011

BARNSTABLE, ss.

Grossman, J.

JUDGMENT

This cause came to be tried and a decision of even date entered. In accordance therewith, it is hereby

ORDERED and ADJUDGED that the decision of the Falmouth Planning Board filed with the town clerk on or about June 21, 2006, is hereby AFFIRMED. [Note 1]

It is further

ORDERED and ADJUDGED that there is appurtenant to the properties of the plaintiffs, an easement of access by prescription to Bournes Pond, Falmouth. [Note 2] Said easement follows along the northerly boundary of the Santos parcel as depicted in Exhibits 19, 20 and 21.

By the Court. (Grossman, J.)


FOOTNOTES

[Note 1] See Johnson v. Falmouth Planning Bd., 15 LCR 245 , 247 (2007).

[Note 2] As more fully discussed in the decision of even date.