Home CAPE COD & ISLANDS COUNCIL INC. BOY SCOUTS OF AMERICA and JOHN TRACY WIGGIN v. LAURIE SNOWDEN LEBEL, as trustee of the Asa Eldridge Realty Trust, DOUGLAS LEBEL and KELLY CHILDS RAGUCCI as trustees of the Rachel Thacher Lebel Irrevocable Trust 2005, JAMES QUIRK as trustee of the Abegale Snow Lebel College Fund Trust and trustee of the Rebekah Eldred Lebel College Fund Trust, and WILLIAM HOWES III as Public Administrator of the Estate of Asa Eldridge.

MISC 08-372036

May 1, 2017

Barnstable, ss.



For the reasons set forth in the Court’s Decision of this date, the intervenor-plaintiff John Tracy Wiggin has no prescriptive easement to use any part of the trustee defendants’ land in Yarmouth, depicted as Lot #36A on the attached Composite Sketch Plan of Land (Jul. 1, 2007) (the Lebel parcel). Mr. Wiggin’s claim of an appurtenant prescriptive easement over the Lebel parcel is thus DISMISSED, WITH PREJUDICE. Mr. Wiggin expressly waived all of his other claims, so they are also DISMISSED, WITH PREJUDICE. All of the plaintiff’s claims were previously voluntarily dismissed, with prejudice. This action is thus fully and finally resolved.