New Phase Realty, LLC, assignor and prior owner v. Jeremy J. Fournier

Syllabus

The plaintiffs, Daniel B. Struebing and Amanda L. Lyons, appealed in these consolidated trespass and adverse possession cases from the entry of summary judgment in favor of the defendants, Jeremy J. Fournier and Jennifer M. Fournier. On appeal, the plaintiffs contended, inter alia, that the hearing justice overlooked the fact that a \seizure\ by the United States government of the plaintiffs' property interrupted the running of the statutory time period relative to the defendants' adverse possession claim. The plaintiffs also contended that the hearing justice impermissibly acted as a factfinder and that he overlooked the federal district court's express determination regarding the alleged forfeiture of the lot in question. In reviewing the plaintiffs' contentions, the Supreme Court held that the hearing justice did not err in granting the defendants' motion for summary judgment and in denying the plaintiffs' motion for summary judgment. Accordingly, the Court affirmed the judgment of the Superior Court.