Summary
The user is involved in a civil case in Arkansas over allegations of rainwater runoff damages. Both parties lawyers withdrew due to conflict of interest. The case is still open and neither party has representation. The user is considering filing a motion for dismissal if the plaintiff doesnt obtain counsel within 30 days. The user believes they are not guilty of the allegations and claims the plaintiff hasnt provided substantial evidence. The user has evidence from a surveyor and city engineers to support their claim that their propertys elevation isnt causing the flooding. The city proposed a drainage solution, but the plaintiff refused as she felt the user should pay for all of it. The user plans to hire a civil attorney if the case proceeds without dismissal.Full Conversation
Our neighbor started a civil case against us over a year ago and both of our lawyers withdrew from the case claiming conflict of interest and it was granted.
What is the nature of the civil case your neighbor started against you?
Allegations of rain water run off damages
What state are you located in, ****? This will help me provide the most accurate information regarding rain water run off laws in your area.
Arkansas
What is the current status of the case?
In Arkansas, water runoff laws are based on the "reasonable use" rule. This means:
- Property owners can alter their land, even if it increases water runoff.
- However, they can't cause unnecessary harm to a neighbor's property.
It's open. And neither of us have representation at this point . I didn't know if I should file a motion to dismiss if the plaintiff doesn't obtain council?
What is the reason the plaintiff hasn't obtained counsel yet?
In general, if a party doesn't have representation, the case can still proceed. However, it's advisable to consult with a local attorney.
I don't believe she can afford it
What steps have you taken so far since your lawyer withdrew from the case?
In Arkansas, self-representation is allowed in civil cases. However, it's recommended to seek legal advice.
I haven't done anything yet. I was considering filing a motion for dismissal if the plaintiff doesn't get council in 30 days
What is the basis for your motion for dismissal? In Arkansas, a case can proceed even if one party doesn't have representation. It's advisable to consult with a local attorney.
She's suing me I'm not suing her .. so if she can't afford an attorney why should I go pay another attorney
What is the specific reason you believe the case should be dismissed? In general, the financial status of the plaintiff doesn't affect the validity of the case.
Im not guilty of her allegations and she hasn't provided any substantial evidence Im over a year
What evidence has she provided so far? In Arkansas, the burden of proof lies with the plaintiff in a civil case.
Just pictures of flooding in her building
What steps have you taken to address the flooding issue or prevent further damage to her property?
Our elevation is higher it isn't possible for us to be the cause of her flooding the city has told her that a dozen times
What evidence do you have to support your claim that your property's elevation isn't causing the flooding?
Surveyor and city engineers
What did the surveyor and city engineers conclude about the cause of the flooding?
They didnt say. They offered to install drainage and we could both pay for it because it would help both properties and she refused
What was the reason given by your neighbor for refusing the drainage installation?
She felt we should pay for all of it. And the city said that wasn't right so it was never done
What evidence do you have to prove that the city offered to install drainage and your neighbor refused?
Paperwork
What does the paperwork from the city regarding the drainage installation proposal state?
A storm water drain pipe
What is the proposed solution in the paperwork for the storm water drain pipe issue?
What
What is the proposed solution mentioned in the paperwork for the storm water drain pipe issue?
To put a pipe at the back of her property and have it come out into a man hole at the front of our lot
What is your neighbor's objection to this proposed solution?
She doesn't want to pay for it
What is the cost of the proposed solution and how was it supposed to be divided between you and your neighbor?
It would be about 10k each
What is your plan if the case proceeds without dismissal?
Get an attorney and proceed
What type of attorney are you considering to hire for this case?
Civil
What is your budget for hiring a new attorney?
Any
What is your preferred method of communication with your attorney?
Email and face to face
What is your timeline for hiring a new attorney?
A week or so
What is the name of the court where the case is being heard? This will help me provide you with the contact details of the court.
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