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Brandon M.
Brandon M., Counselor at Law
Category: Legal
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Experience:  Attorney experienced in numerous areas of law.
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I planted arbor vitae trees over 2 1/2 feet offset away from

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I planted arbor vitae trees over 2 1/2 feet offset away from my property line to protect my property for my neighbors dog, guests, and child from tresspassing and further damaging and vandalizing my property in a development. Down spout run off has been eroding my topsoil and causing foundation cracks and their spotlight shines directly in my windows. I checked with the deed restrictions, had the zoning officer come and take pictures of the trees and he OK'd it. The neighbors went to the Twp. Supervisors and the municipality sees no enforceable actionagainst me. If the neighbors choose to file a frivolous lawsuit ( she has threatened me that her brother is a lawyer, it won't cost her a thing and she has all the time in the world) with the district justice and it is thrown out can I invoke "equitable remedies" to have them pay any of my costs and attorney fees.
Submitted: 5 years ago.
Category: Legal
Expert:  Brandon M. replied 5 years ago.
Hello there:

Thank you for entrusting me with your question. In a word, "yes". The court has the power to award a defendant attorney fees and costs. Usually, it only requires asking for them when the complaint is answered, but there are several things that can develop in the course of the case to help ensure that they are paid.

Incidentally, if her brother has been practicing more than a day, he won't take her case: (1) He doesn't have all the time in the world, (2) there is only around a 5% chance that he practices in this area of law, (3) an attorney can be disciplined by the bar for pursing a meritless case, including censure, suspension, or disbarment, and no one is going to risk that, (4) if you are going to throw a punch, you don't announce beforehand "I am going to punch you in the face now", you just do it, and (5) if he had anything to say in this matter, you would be hearing from him, not her.

I understand that you may have follow-up questions. Let me know if further clarification is needed. Thank you.
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