MISC 10-420155

September 9, 2014

Hampshire, ss.



The plaintiff Mickey Long filed his verified complaint on January 5, 2012, naming as defendant R. Susan Woods. Ms. Woods filed her answer on March 2, 2010. The case management conference was held on May 3, 2010. After the retirement of the Hon. Charles W. Trombly, Jr., this case was reassigned to the Hon. Robert B. Foster on January 26, 2012. The plaintiff’s motion to amend the complaint was allowed on April 10, 2012, and the Plaintiffs’ First Amended Complaint (complaint), naming Mickey Long and Cora Long (the Longs) as plaintiffs, was filed on April 11, 2012. Ms. Woods filed her answer to the complaint on April 23, 2012. The complaint asserts the following claims: Count I, Declaratory Judgment; Count II, Equitable Relief; Count III, Quiet Title and Remove Cloud on Title; Count IV, Petition to Establish Title; Count V, Easement (Alternative Theory); and Count VI, Trespass.

This case came on for trial by the court (Foster, J.), which, in a decision of even date, has made findings of fact and rulings of law.

In accordance with the court’s decision issued today, it is

ORDERED, ADJUDGED and DECLARED with respect to Count V of the complaint that plaintiffs Mickey Long and Cora Long hold a prescriptive easement, appurtenant to the Long Property as shown on the plan attached hereto, to pass over that portion of the Woods Property as labeled on the attached plan, that is shown as a cross-hatched area on the attached plan, for pedestrian and vehicular ingress to and egress from the Long Property. It is further

ORDERED, ADJUDGED and DECLARED with respect to Counts II and VI of the complaint that defendant R. Susan Woods, her tenants, and agents, and their successors in interest, have no right to enter the Long Property without the consent of plaintiffs Mickey Long or Cora Long or their successors in interest. It is further

ORDERED AND ADJUDGED that Counts I, III, and IV of the complaint are DISMISSED with prejudice.

By the Court.