Attorney obtained a dismissal on the pleadings of plaintiff's Complaint
Attorney obtained a dismissal on the pleadings of plaintiff's Complaint wherein it was alleged that plaintiff suffered damages arising from the construction of a barn, by plaintiff's neighbor, on a farm downhill and across the street from plaintiff's property. Plaintiff alleges that the construction of the barn was subject to the State Soil Erosion and Sediment Control Act and therefore the neighbor was required to have a soil erosion and sediment control plan reviewed by and monitored by our client, The County Agriculture Development Board and the co-defendant, County Soil Conservation District. The court agreed with our argument that plaintiff's claims are governed by The State Tort Claims Act, and that plaintiff failed to comply with the requirements for the timely filing of a Notice of Claim, which have been strictly construed by the State Courts. The court granted our motion to Dismiss in Lieu of Filing an Answer upon grounds that plaintiff has failed to timely serve a Notice of Claim.