Attorney obtained dismissal of his client on 12(b)(6) Motion to Dismiss
Attorney obtained dismissal of his client on 12(b)(6) Motion to Dismiss upon claims by her neighbor that an "illegal garage" constructed on her property impinged on Township set-back requirements, was constructed without the necessary permits and constituted a public nuisance. We contended that the "illegal garage" was actually a perfectly legal and permitted shed, that it was demonstrably within the set back requirements for such a structure (which are difference than the set back requirements for a garage), and that there is no private cause of action for public nuisance under state law (which the court would apply in the exercise of Pendant Jurisdiction over plaintiff's tort claims - the case was removed to Federal Court by the Township which was also named for failing to permit plaintiff to subdivide his property). Plaintiff failed to file a response, even after the court took specific notice that he had not responded and unilaterally granted his attorney additional time to do so. Ultimately, the plaintiff offered a voluntary dismissal of all claims which was accepted by the Court which issued the necessary Order.