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The court dismissed the defendant’s proprietary estoppel and unjust enrichment counterclaims, awarded the plaintiff $2,500 for trespass, and declined to order return of the engagement ring.
The common boundary was fixed according to the Prendergast survey dated December 11, 2012; the Rhodes committed a direct trespass by installing the fence in its present location and a permanent injunction was granted ordering removal and realignment of the fence onto the true boundary, remediation or compensation for the damaged garden, and costs to the successful plaintiff.
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