Tusher

In these consolidated appeals we review the trial court’s order dissolving a preliminary injunction which had prohibited respondents Donlon and Agnes Gabrielsen (the Gabrielsens) from destroying a pond located principally on their property, to which appellants Thomas and Pauline Tusher (the Tushers) unsuccessfully claimed an implied view easement and littoral or riparian rights (appeal No. A077708, the first appeal). We also review the trial court’s judgment in favor of the Gabrielsens on the Tushers’ breach of contract claim (appeal No. A081291, the second appeal). We affirm.

Facts and Procedural History

The Gabrielsens and the Tushers own adjoining properties in the Town of Ross. Both parcels were at one time owned by the Gabrielsens who, in 1963, divided the property into two parcels. The Gabrielsens retained one parcel with a house on it for themselves and built a “spec” house on the second parcel. In conjunction with construction of the house on the second parcel, the Gabrielsens reconfigured an irregularly shaped man-made pond that straddled both parcels by changing its shape to an oval and reducing its size, intending that it would be located only on their…