June 11, 2019

Road Case Victory?


Wait. We won?

At this point it seems that we are announcing "News of the Weird" in our Roadway Court Case. Why?

    In our last installment of this ongoing saga we had received a third and final court order which recognized our easement, but limited our right to use our easement without saying what that limit was. We determined to appeal as our basic evidence is... well, overwhelming.

    So the paper work was sent to Superior Appellate Court to begin that appeal process. They took a quick look and said, "Hey, there is no final judgement entered. The case is still open. Get the Judge to enter his final judgement and we can proceed with the appeal."

    So we filed for a judgement and it came back from Bedford. Drum roll please!  "In favor of the Plaintiffs (us) on all counts. Against the Defendants on all counts." Case over. We won on all points! Easement and full rights of use. Go figure.

    Superior Court reads the judgement and chimes in, "Why are you appealing, you won."

    Well, scratching our heads, we are asking for a bit of clarity. In law, the judgement is controlling, but it contradicts the court order, leaving some possible future legal threads loose, frayed and dangling. We would like the Superior Appellate Court to  give thier stamp on the judgement as final and done, case closed and over; or review the evidence and enter their own opinion on appeal. For posterity's sake and to bring this thing to complete closure. So the appeal continues.
    But as it stands, right now, we have won our case on all points. Huzzah!

    "The Wheels of Justice turn slowly but grind exceedingly fine."


See also:
Update on the Road Case - December 18, 2018
Driveway Case: Second Interim Court Order
Update on Road Case - August 4, 2018