Advertising Disclosure Email Disclosure

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.

Before you send this email please note:

You are attempting to send email, through a link on our website, to an attorney of Marshall Dennehey Warner Coleman & Goggin or an employee in our firm. Please note that your email may not be treated as confidential and does not create an attorney-client relationship. You should not rely upon the transmission of an email through this website if you are seeking to enter into such a relationship. Until such time as we have agreed to represent you, no information in your email will be treated as confidential. Please contact us directly by telephone at 1.800.220.3308 if it is your intent to seek legal counsel with our firm or convey confidential information.

If it is still your intent to send this email, knowing that it may not be treated as confidential, you may accept our terms of agreement by pressing "OK". If you choose not to accept these terms of agreement you may navigate away from this page by pressing "Cancel."