Opinion
No. 09-P-1735.
July 20, 2011.
DECISIONS PURSUANT TO RULE 1:28.
So much of the March 4, 2005, judgment as permits construction equipment on Weckesser's easement by implication over parcel B is reversed, and a new judgment shall enter, consistent with the memorandum and order of the Appeals Court, that limits the easement over parcel B to truck access. With respect to that portion of the March 4, 2005, judgment that found an implied easement over parcel C, we remand for findings defining the easement over parcel C with more specificity. In all other respects, the March 4, 2005, judgment is affirmed. We affirm the judgments of contempt and remand for a reassessment of the collateral held as a coercive fine in light of the current financial resources of the Weckesser defendants and the amount deemed effective for continued compliance.