Home CHERYL ANN DEWOLF, Trustee of the DEWOLF NOMINEE TRUST u/d/t dated 11/15/02 v. CAROLINE M. APOVIAN and AUGUST J. BAKER

MISC 08-381982

December 21, 2012

PLYMOUTH, ss.

Grossman, J.

JUDGMENT

This case came to be heard on the Motion of the Plaintiff for Summary Judgment and on the Defendants’ Motions respectively, for Clarification and for Reconsideration.

The Motion for Summary Judgment having been Allowed in Part and Denied in Part, and the Defendants’ Motions having been Allowed, it is hereby

ORDERED, ADJUDGED, and DECLARED that the Defendants have no right of access or other interest in that portion of the jetty structure located on the plaintiff’s property; [Note 1] provided, however, that the Defendants enjoy a right of lateral passage in common with other members of the general public under the Public Trust Doctrine, as set forth in the Chapter 91 License and as enunciated by this court in its previous Orders. [Note 2]

By the Court (Grossman, J.)


FOOTNOTES

[Note 1] Including the concrete walkway.

[Note 2] I.e. the Orders entered in conjunction with the Motions referenced herein.