Amicable Congregational Church v. Aubin

DECISION

This matter came before the Court for a jury-waived trial held between March 25 and April 15, 2008. The plaintiff, Amicable Congregational Church ("the Church"), is the record-title owner of a certain 26.347 acre parcel of land in the town of Tiverton, bordering the eastern side of South Lake Road and described in the Tiverton Tax Assessor Map at Map 4-2, Block 127, Card 8. The defendant, Richard K. St. Aubin ("St. Aubin"), a resident of the town of Little Compton, is the owner of three parcels of land abutting the northerly portion of the Church's land. All parcels are wooded,…