Charles A. Kaplanek, III vs. Bruce W. Streibich, ST-1995-CV-459 (V.I. 2023)
IN THE SUPERIOR COURT OF THE VIRGIN ISLANDS DIVISION OF ST. THOMAS AND ST. JOHN RRKEKKKEK CHARLES A. KAPLANEK, III, CASE NO. ST-95-CV-459 Plaintiff, V. ACTION FOR DECLARATORY RELIEF, PRELIMINARY AND PERMANENT BRUCE W. STREIBICH, INJUNCTIVE RELIEF, AND DAMAGES Defendant. WARREN STRYKER and MARGARET STRYKER, Intervening Plaintiffs. ARTHUR SCHMAUDER, ELIZABETH MCGUIRE, and BLUE WATERS RETREAT, LLC, Cite as 2023 V1 Super 10 Intervening Defendants. Name See Nae Nee nee eee ee et ee eet et ee ee ee et ee ee ee ee ee ORDER THIS MATTER is before the Court on Defendant Bruce Streibich’s “Motion to Dismiss,” filed on September 2, 2022. Plaintiff Kaplanek, III and Intervening Plaintiffs Warren Stryker and Margaret Stryker filed a joint opposition on September 28, 2022, and Defendant filed a reply on October 13, 2022. …
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IN THE SUPERIOR COURT OF THE VIRGIN ISLANDS DIVISION OF ST. THOMAS AND ST. JOHN RRKEKKKEK CHARLES A. KAPLANEK, III, CASE NO. ST-95-CV-459 Plaintiff, V. ACTION FOR DECLARATORY RELIEF, PRELIMINARY AND PERMANENT BRUCE W. STREIBICH, INJUNCTIVE RELIEF, AND DAMAGES Defendant. WARREN STRYKER and MARGARET STRYKER, Intervening Plaintiffs. ARTHUR SCHMAUDER, ELIZABETH MCGUIRE, and BLUE WATERS RETREAT, LLC, Cite as 2023 V1 Super 10 Intervening Defendants. Name See Nae Nee nee eee ee et ee eet et ee ee ee et ee ee ee ee ee ORDER THIS MATTER is before the Court on Defendant Bruce Streibich’s “Motion to Dismiss,” filed on September 2, 2022. Plaintiff Kaplanek, III and Intervening Plaintiffs Warren Stryker and Margaret Stryker filed a joint opposition on September 28, 2022, and Defendant filed a reply on October 13, 2022. The Court having issued a Memorandum Opinion on this date, it is hereby ORDERED that the Defendant’s motion is GRANTED in part and DENIED in part; and it is further ORDERED that Count Two (Easement by Prescription) and Count Three (Easement by Estoppel) of the Verified Complaint are DISMISSED, and it is further Kaplanek, Ill v. Streibich Case No. ST-95-CV-459 Memorandum Opinion Order Page Two ORDERED that Counts Two, Three, Four, Five, and Six of the Complaint in Intervention were DISMISSED by stipulation on September 27, 2022; and it is further ORDERED that the motion to dismiss Count Four (Easement by Implication) of the Verified Complaint is DENIED; and it is further ORDERED that a copy of this Order shall be directed to Michael E. Fitzsimmons, Esquire, Carol Ann Rich, Esquire, Gregory Adam Thorp, Esquire, Matthew J. Duensing, Esquire, and Mark D. Hodge, Esquire. Dated: March G3. 2023 René mbs Carty Senior In udge, Superior Court ATTEST: of the irgin Islands Tamara Charles Clerk of the Court By: Ciy— x Donna D. Donovan Court Clerk Supervisor “A /89/ Q0Q%