Latka v. Nielsen

Tucker, Richard T., J.

The plaintiffs, Michael S. Latka and Nancy J. Latka, commenced this action against the defendants, James Nielsen and Kathy Navid, seeking an order compelling the defendants to remove portions of their septic system that lie beyond the bounds of an express easement over the plaintiffs’ property. The plaintiffs also seek an order compelling the defendants to restore the land upon which they have encroached to its original condition. In lieu of a jury-waived trial, the parties agreed to submit the case upon stipulations of fact. Additionally, the court received oral…