Plaintiff’s Drainage Easement Case Holds No Water

n an action arising out of a drainage easement and flooding to a residential property, the plaintiff sought declaratory and injunctive relief and claimed that she had an appurtenant drainage easement across the defendant’s property. The plaintiff further sought reimbursement for installation of a new drainage system following flooding to the property. Attorney Danielle Maloney filed a Motion to Dismiss arguing that plaintiff’s service was improper pursuant to Rule and 12(b)(5), that the plaintiff failed to state a claim pursuant to Rule 12(b)(6) and the plaintiff failed to join indispensable parties requiring dismissal pursuant to Rule 12(b)(7) and 19. The court dismissed the action for defective service, but also indicated that if the plaintiff attempted to re-file the action, the court would dismiss same based on the merits of the case.

Other Cases / Wins: Property Damage