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the court to delineate the rights and responsibilities of the parties as to the right-ofway. That request was not plead in a cross bill but rather included in her response to the Kidwell’s petition for the injunction, the judge noted. “Being strictly a defensive pleading, it cannot be a basis for affirmative relief at this time,” Robertson concluded
As to the Kidwells’ request that Saltonstall be barred from erecting gates across the right-of-way, the judge found the issue moot since “the evidence does not reveal any gates obstructing the right-of-way at this time.”
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