Ortiz v. Flattery

By Judge Michael P. McWeeny

This matter came before the Court for trial on the merits pursuant to Complainants’ Third Amended Bill of Complaint to Enjoin Obstruction of Easement, for Declaratory Relief, and for Damages. After both parties submitted briefs, evidence was presented over two days commencing on August 26, 2003. At the close of trial, the Court dismissed Counts II and IV and granted the relief requested in Count I, ordering that the fence at issue be removed from the easement. Upon further review of the file, the Court requested and received supplemental briefs from both parties on…