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My husband and I are being sued for using our property

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Hi, My husband and...

Hi, My husband and I are being sued for using our property against zoning regulations (storing logs on a light commercial property). We don't dispute this. We have three good reasons this case should be dismissed. 1. The case is moot - we immediately sent a letter to the zoning official stating we are willing to remove the logs by 1/1/2018. The complaint did not mention our letter and their attorney had not seen it. I sent the attorney the letter and he said he was willing to stipulate to a court order giving us until that date to do so. So the case is moot as we already have an agreement in place. 2. The summons and complaint that each my husband and I received from the state Marshal is missing the final two pages of the complaint - which includes the page stating the damages they are looking to recover (the "wherefore the plaitniff claims...") page. Since neither of us received these two pages, I would think that there could be a motion to dismiss for failure to state a claim upon which relief can be granted. And thirdly, we could have a motion to dismiss for improper service (they gave us an incomplete claim). My question: do you agree that these three reasons for dismissal may be valid? and if so, how do I file this. THree separate motions to dismiss? One motion with the reasons listed separately. Please advise. I would appreciate if you could give me specifics on how I should file the motions to dismiss (for instance, separately, all on one page, but listed numerically, how should I title it. etc. Thanks very much.

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

Connecticut

Lawyer's Assistant: Has anything been filed or reported?

There was a complaint filed in court by the Town

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Not now, thank you.

Submitted: 7 months ago.Category: Legal
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Answered in 6 days by:
12/10/2017
Lawyer: Phillips Esq., Attorney-at-Law replied 7 months ago
Phillips Esq.
Phillips Esq., Attorney-at-Law
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Satisfied Customers: 22,354
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Hello: This isCustomer Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

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Lawyer: Phillips Esq., Attorney-at-Law replied 7 months ago

I am so sorry to read about your difficulties.

Kindly note that I just came across your post. I do not have control over the question list. I am just a site user just like you. Nonetheless, I apologize for the delay in response to your post.

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Lawyer: Phillips Esq., Attorney-at-Law replied 7 months ago

Your Question:

My question: do you agree that these three reasons for dismissal may be valid?

Response 1: No. Only #2 and #3 are valid. #1 is not valid because the case is not moot. Eventhough you have expressed your intention to remove the logs, you have not done so. Until you have done so, the issue is still on the table.

and if so, how do I file this. THree separate motions to dismiss? One motion with the reasons listed separately. Please advise. I would appreciate if you could give me specifics on how I should file the motions to dismiss (for instance, separately, all on one page, but listed numerically, how should I title it. etc. Thanks very much.

Response 2: I cannot give you step-by step instructions on how to file your Motion because I am not your Attorney. However, the two Motions can be filed on the same document with subheadings for "Failure to State A Claim" and "Improper Service" with the heading "Defendant's Motion to Dismiss."

Goodluck with your case,

A positive rating to my response is appreciated so that I can receive credit for responding to your post. There is no additional cost to you for giving a positive rating.

Thank you for your cooperation.

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