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 

Intervening Defendants.

Name ee ee ee ee ene Te eh Nee eet eee ee he eet ee ee et et Net nee eet

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%