GERALD L. BRODMERKLE and MADELINE BRODMERKLE vs. TOWN OF ASHBY, THOMAS MAGUIRE, and NANCY MAGUIRE

For the reasons set forth in the Decision dated July 8, 2016 (on Plaintiffs’ motion filed on November 20, 2016, which seeks “clarification or to correct clerical mistake[s]” in the Decision and Judgment (the “Motion for Clarification”)), based upon this court’s review of the Decision dated February 24, 1989 (Sullivan, C.J.) and the court’s intent expressed therein, it is hereby:

ORDERED and ADJUDGED that Paragraph 2 of the Judgment dated February 24, 1989 (the “Judgment”) [Note 1] is hereby vacated and replaced with the following provision: “the Unpaved Segment of Whitney Road, defined in the Decision of even date hereof as the portion of Whitney Road located westerly of the Paved Segment of Whitney Road (defined in the Decision of even date hereof as the 0.63 mile segment of said road running westerly from its intersection with Erickson Road) is not a public way, but it is a private way which the Brodmerkles, as appurtenant to their land, have a right to use for all purposes including the installation of utilities”; and,

ORDERED and ADJUDGED that the Brodmerkles have, as appurtenant to their land, a right to use the entire length of Whitney Road as a right of way for all purposes including the installation of utilities; and,

ORDERED and ADJUDGED that Paragraph 3 of the Judgment (pertaining to the Town’s counterclaim, no longer at issue in this case) remains in full force and effect, unchanged by this Corrected Judgment.

SO ORDERED.