ALDRIC SERRANO and ELIZABETH SERRANO v. KIERAN BROSNAN and CATHERINE BROSNAN

This action commenced on March 19, 2014, as an action seeking declaratory and injunctive relief, as well as damages, with respect to an alleged trespass by the defendants on the land of the plaintiffs. The defendants asserted trespass and related claims and sought injunctive relief in their amended counterclaim. The case came on for trial by the court (Speicher, J.). 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’ complaint, that the installation of fill by the defendants against the plaintiffs’ stone wall did not violate the plaintiffs’ rights, as the plaintiffs’ stone wall encroaches on the defendants’ property; and the plaintiffs have no right to prohibit the placement of fill against their stone wall so long as it encroaches on the defendants’ property; and it is further

ORDERED and ADJUDGED that the remaining counts of the complaint, seeking relief on theories of trespass, negligence, and nuisance, and a count seeking injunctive relief, are DISMISSED, and it is further

ORDERED, ADJUDGED and DECLARED, on Count 4 of the defendants’ amended counterclaim, that the face of the plaintiffs’ stone wall encroaches on the defendants’ property along the entire length of the common boundary between the plaintiffs’ and defendants’ properties, by an average depth of just under one inch; and the fill placed by the defendants against the stone wall is entirely on the defendants’ property and was within their rights to have placed against the wall, and it is further

ORDERED and ADJUDGED that Count 1 of the defendants’ amended counterclaim is DISMISSED, [Note 1] and it is further

ORDERED and ADJUDGED that on Count 5 of the defendants’ amended counterclaim, asserting a claim of trespass, judgment enters in favor of the defendants as plaintiffs-in- counterclaim, but the court awards nominal damages of $1.00, as it has found the trespass to be de minimis, and it is further

ORDERED and ADJUDGED that on Count 6 of the defendants’ amended counterclaim, seeking injunctive relief with respect to the trespass of the plaintiffs’ stone wall on the defendants’ property, injunctive relief is DENIED, 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