IRA STEPANIAN and JACQUELYNNE STEPANIAN v. INGEBORG E. SARACENO.

This action commenced on November 23, 2010, seeking a declaration for enforcement of certain deed restrictions and a declaration of the overburdening of an easement. The case came on for trial by the court (Speicher, J.) on September 9 and 10, 2015. In a decision of even date, the court has made findings of fact and rulings of law. In accordance with the court’s decision, it is

ORDERED, ADJUDGED and DECLARED on Count I of the plaintiffs’ verified complaint, that the restrictions in the buffer zone (as defined in the decision of even date) expired as of December 9, 2015 and are of no further force or effect, that the plaintiffs were estopped from enforcement of the buffer zone restrictions and from collecting damages for violation of the buffer zone restrictions by reason of the September 13, 1996 letter agreement, and that the plaintiffs failed to prove any damages as a result of the violation of the buffer zone restrictions; and it is further

ORDERED, ADJUDGED and DECLARED on Count II of the verified complaint, that the plaintiffs failed to prove any overburdening of the Bayberry Lane roadway right of way by reason of two stone columns erected by the defendant; and it is further

ORDERED and ADJUDGED on Count I of the defendant’s counterclaim, for breach of contract, that said Count is hereby DISMISSED; and it is further

ORDERED and ADJUDGED on Counts II and III of the counterclaim, for promissory estoppel and equitable estoppel, that said Counts are hereby DISMISSED as moot, the buffer zone restrictions having expired, and for the further reason that defendant failed to prove the damages alleged; and it is further

ORDERED, ADJUDGED and DECLARED on Count IV of the counterclaim, that the letter agreement between the parties estopped the plaintiffs from objecting to use of the buffer zone until the buffer zone restrictions expired on December 9, 2015, and the letter agreement did not and does not estop the plaintiffs from objecting to any future overburdening of the Bayberry Lane right of way, and it is further

ORDERED that today’s decision, and this Judgment issued pursuant thereto, dispose of this entire case; the court has adjudicated or dismissed all claims by all parties in this action and has not reserved decision on any claim or defense, and it is further

ORDERED that no costs, fees, damages or other amounts are awarded to any party.

By the Court