Charles A. Kaplanek, III v. Bruce W. Streibich

• Court: Superior Court of The Virgin Islands
• Decided: March 23, 2023
• Docket: ST-1995-CV-459
• Status: Published

Opinion

IN THE SUPERIOR COURT OF THE VIRGIN ISLANDS DIVISION OF ST. THOMAS AND ST. JOHN REEKKKEK

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 VI Super 10

Intervening Defendants.

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ORDER

THIS MATTER is before the Court on Defendant Bruce Streibich’s ‘Motion to Dismiss,” filed on September 2, 2022. Plaintiff Kaplanek, HI 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, Lf] 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 43. 2023

ATTEST: of the Mirgin islands Tamara Charles Clerk of the Court

By: yp

*x Donna D. Donovan Court Clerk Supervisor “A / §9/ Q0Q%