MICHAEL W. YOGMAN and ELIZABETH K. ASCHER, Plaintiffs v. MARION S. VENDITUOLI and EILEEN W. SHEEHAN, as Trustees of RWS Family Holding Trust; JAMES L. RATHMANN and ANNE F. NOONAN, Defendants

Plaintiffs Michael W. Yogman and Elizabeth K. Ascher filed this action in December 2019. They sought to quiet their alleged title in, and obtain a declaratory judgment concerning, their rights to use the entirety of Ben's Point Lane in Westport, Massachusetts. The Lane is depicted on a "Subdivision Plan of Redwing Farm, Westport, Mass., Surveyed for Sophie H. Wheeler and Rhoda W. Sheehan, Scale - 1" = 100', Jan. 1958," recorded at the Bristol South District Registry of Deeds in Plan Book 56, Page 5. Plaintiffs also sought an injunction preventing defendants Marion S. Vendituoli and Eileen W. Sheehan, as Trustees of the RWS Family Holding Trust (the "RWS Trustees"), James L. Rathmann, Anne F. Noonan, and any agents, representatives, servants, employees, and attorneys of, and persons acting in concert with, any of the foregoing from interfering with Plantiffs' use of Ben's Point Lane, including for access to the waters of the Westport River.

Mr. Rathmann and Ms. Noonan responded to Plaintiffs' verified complaint on December 27, 2019. Rathmann and Noonan later executed a Partial Agreement for Judgment with Plaintiffs, in which Rathmann and Noonan agreed to abide by the outcome of this case. The RWS Trustees answered the complaint on January 10, 2020. They also counterclaimed against Plaintiffs. In Count I of their counterclaim, the RWS Trustees sought a declaratory judgment that Plaintiffs have no easement rights in Ben's Point Lane for that portion of the Lane that abuts the RWS Trustees' properties (the "Disputed Portion"). In Count II of their counterclaim, the RWS Trustees sought equitable reformation of the parties' deeds, so as to deny Plaintiffs the right to use the Disputed Portion. The RWS Trustees amended their answer, but not their counterclaims, on January 21, 2020.

Plaintiffs and the RWS Trustees thereafter moved and cross-moved for summary judgment as to Plaintiffs' alleged easement rights along the Disputed Portion. For the reasons set forth in this Court's Decision dated this same day, the Court

ORDERS, ADJUDGES, and DECREES that:

A. Judgment hereby enters in FAVOR of defendants Marion S. Vendituoli and Eileen W. Sheehan, as Trustees of the RWS Family Holding Trust (the "RWS Trustees"), and against plaintiffs Michael W. Yogman and Elizabeth K. Ascher, on (a) all counts of Plaintiffs' Verified Complaint and (b) Count I of the RWS Trustees' counterclaims.

B. Plaintiffs and their successors in interest as the owners of 666 River Road in Westport, Massachusetts, also known as Lot C on a plan recorded at the Bristol South District Registry of Deeds (the "Registry") in Plan Book 118, Page 38, do not have an easement in Ben's Point Lane as it abuts Lots 9, 10, and 13 on the "Subdivision Plan of Redwing Farm, Westport, Mass., Surveyed for Sophie H. Wheeler and Rhoda W. Sheehan, Scale - 1" = 100', Jan. 1958," and recorded at the Registry in Plan Book 56, Page 5.

C. Plaintiffs' claims in their Verified Complaint against defendants James L. Rathmann and Anne F. Noonan are DISMISSED with prejudice.

D. Count II of the RWS Trustees' counterclaims is DISMISSED as moot.

Upon payment of all required fees, a certified or attested copy of this Judgment may be recorded at the Registry and marginally referenced on all relevant documents.

SO ORDERED.