Motion GRANTED to Set Aside the Stipulated Judgement!
Motion GRANTED to Set Aside the Stipulated Judgement! The ruling provides Easement Users an important WIN and a Critical Step to Reopening the Easement! What Does this Mean? It means the property owner is NO Longer Required to maintain a Fence Blocking the Easement. Removal might require a New Filing of an Injunction (Court Approval) or it might be a simple demand letter to the Intervenors by the new owner to have the 7 1/2 feet of metal fence removed from her property within a reasonable time period.
Read Judge Douglas Ruling: MOTION GRANTED TO SET ASIDE THE STIPULATED JUDGMENT
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2024-05-23 Reply Brief re Mtn to Set Aside Stip Judgment - tables
2024-05-23 Hammond Reply Dec re Mtn to Set Aside Stip Judgment
2024-05-23 DeKnoblough Reply Dec re Mtn to Set Aside Stip Judgment
2024-05-23 Objections to Intervenors MPA ISO Oppo to Mtn
2024-05-23 Objections to Intervenors Evidence
2024-05-23 Reply RJN re Mtn to Set Aside Stipulated Judgment
2024-05-23 Response to Objections to Hammond Evidence
MSC17-02529 - Memorandum of Points Authorities Filed
50 Declarations to Support the Court Hearing on June 21, 2024 for a Motion to Set Aside Stipulated Judgement Between Intervenors and U.S. Bank(Case No.MSC17-02529). The Easement was accepted and used by the public for decades, enjoyed by tens of thousands of members of the public - including both diablo and non-Diablo residents alike - on an annual basis.