Kendall v. Walker, No. A105981

In plaintiffs' suit involving the question of the proper line between the parties' areas of littoral rights for use of the water adjacent to their upland property, summary judgment in favor of the plaintiffs is affirmed where: 1) defendants' motions to amend and supplement the pleadings were properly denied; 2) defendants were barred from raising unpleaded defenses or causes of action in opposition to plaintiffs' motion for summary judgment; and 3) trial court properly determined the littoral rights of the parties in its order granting plaintiffs' summary judgment motion.    

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Appellate Information

Filed January 26, 2010

Judges

Opinion by Judge Kline

Counsel

For Appellant:  Miller Starr & Regalia, Scott A. Sommer, Lewis J. Soffer

For Appellee:   Law Office of David R. Fischer, David Randall Fischer