McNamara v. Moses

The defendants, Robert J. and Sandra A. Moses, appeal the Superior Court’s (Lynn, J.) award of damages and penalties for the unlawful cutting of trees on a lot owned by the plaintiffs, Marilyn Billings McNamara and William Vargas. We affirm.

The trial court found the following facts. The plaintiffs and the defendants own property and reside in Eagle Rock Estates, a residential subdivision in Amherst. The plot plans for the subdivision depict the access to the defendants’ lot to be a shared driveway connecting the lot with Colonel Wilkins Drive. The driveway is steep and winding and very…