357 CIRCUIT AVENUE LLC v. MARK ABBOTT and LISABETH OSTAR

For the reasons set forth in the court’s Memorandum and Order of this date, it is hereby ORDERED, ADJUDGED and DECREED that the mutual easement at issue in this case has been terminated in accordance with the express terms of the easement agreement and is therefore extinguished in its entirety. The Ostars’ counterclaims for negligent interference with property; intentional and malicious interference with property; negligent infliction of emotional distress; intentional infliction of emotional distress; fraud; negligent misrepresentation; intentional misrepresentation; and slander of title are each tort-based claims for damages outside this Court’s subject matter jurisdiction and are therefore DISMISSED in their entirety, WITHOUT PREJUDICE.

SO ORDERED.

By the court (Long, J.)

Attest:

Deborah J. Patterson, Recorder

Dated: 28 June 2011