Massachusetts Superior Court August 6, 2002, No. 20001375C (Russo v. Gulla)

Agnes, A. J.

Plaintiffs, Rosario and Rose Russo (“the plaintiffs”) sued defendants, Mario and Damiana Gulla (“the defendants”) for trespass. The plaintiffs allege that the placement of defendants’ well wholly on their properly constitutes a continuing trespass. This matter is now before the court on the parties’ cross motions for summary judgment.