Opinion
No. 09-P-731.
June 10, 2010.
Decisions Pursuant to Rule 1:28.
The portion of the judgment that provides that the driveway easement is "for all purposes that public ways are used in the Town of West Tisbury" is vacated and is to be replaced by language that conforms to the language of the driveway easement. The portion of the judgment that orders the Sutulas to relocate the utilities is vacated and is to be replaced by language creating a separate utility easement where the utilities are now located. The portions of the judgment that award relocation costs and attorney's fees pursuant to the driveway agreement and that order the Sutulas to use that portion of path F that lies in an area that is not subject to use limitations under the conservation restriction are vacated. Except as above and except for the portion of the judgment imposing attorney's fees and costs pursuant to G.L. c. 131, § 6F (subject to a separate appeal), in all other aspects the judgment is affirmed. The case is remanded for entry of a new judgment consistent with the memorandum and order of the Appeals Court.