UKIAH (707) 462-6694
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WILLITS (707) 456-9210
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The Neighbor Next Door…

The firm concluded an interesting and successful representation of clients whose neighbor had engaged in what clearly appeared to be an unpermitted and unlawful cannabis cultivation activity, which activity compromised and interfered with the firm’s clients’ ability to safely and fully use a driveway that provided access to both properties.  The firm’s clients were the only ones that actually had an easement to use the driveway.  Brian Carter filed suit for nuisance, injunction and declaratory relief.  When the neighbor failed to timely respond to various discovery requests, Mr. Carter and the firm filed a motion to compel responses, which motion was granted and was accompanied by an award of sanctions.  The neighbor/defendant became cooperative at that point and stipulated to a judgment that clarified the parties’ rights to the firm’s clients’ satisfaction and brought the case to a prompt and efficient close.  If your neighbor is engaged in illegal activity that worries and/or prejudices you, this case demonstrates the value of hauling them into court.  Persons that engage in such activity are rarely fond of the sunlight that shines in a court of law, and judges are generally not particularly inclined to do any favors for those defendants.