XXX
Street Address
City, State Zip
Phone Number (with area code)
Fax Number (If applicable)
Email Address (If applicable)
Defendant in pro per
SUPERIOR COURT OF THE STATE OF MAINE
COUNTY OF XXX
XXX DISTRICT COURT
| XXX,
Plaintiff, vs. ROMAN PASQUERELLA, Defendant(s) |
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) ) ) ) ) ) ) ) ) |
Case No.:
DEFENDANT’S MOTION TO DISMISS PLAINTIFF’S CIVIL ACTION CLAIM FOR TITLE TO REAL ESTATE INVOLVED |
NOTICE OF DEFENDANT’S MOTION TO DISMISS PLAINTIFF’S CIVIL ACTION CLAIM FOR TITLE TO REAL ESTATE INVOLVED
You are hereby notified that on _______________ (Date), at __________ (am/pm), Defendant will bring on for hearing his Motion to Dismiss Plaintiff’s Civil Action Claim for Title to Real Estate Involved. It will be based on this Notice of Motion, the attached Motion to Dismiss Plaintiff’s Civil Action Claim for Title to Real Estate Involved, exhibits adduced and oral arguments presented during the hearing of the Motion.
Dated this _____ day of XXX.
Respectfully Submitted,
___________________________________
XXX
Street Address
City, State Zip
Phone Number (with area code)
Fax Number (If applicable)
Email Address (If applicable)
Defendant in pro per
SUPERIOR COURT OF THE STATE OF MAINE
COUNTY OF XXX
XXX DISTRICT COURT
| XXX
Plaintiff, vs. XXX, Defendant(s) |
)
) ) ) ) ) ) ) ) ) |
Case No.:
DEFENDANT’S MOTION TO DISMISS PLAINTIFF’S CIVIL ACTION CLAIM FOR TITLE TO REAL ESTATE INVOLVED |
MOTION TO DISMISS PLAINTIFF’S CIVIL ACTION CLAIM FOR TITLE TO REAL ESTATE INVOLVED
NOW COMES Roman XXX, Defendant, and files this Motion to Dismiss Plaintiff’s Civil Action Claim for Title to Real Estate Involved, and for cause would show this Honorable Court as follows:
- Plaintiff filed his Civil Action Claim for Title to Real Estate Involved and brought claims of breach of contract, negligence, statutory trespass, and private nuisance.
- However, Plaintiff’s claims are barred by the Statute of Limitations.
- ME Rev. Sta. Tit. 14, § 751 provides as follows: “All civil actions shall be commenced within 6 years after the cause of action accrues and not afterwards, except actions on a judgment or decree of any court of record of the XXX, or of any state, or of a justice of the peace in this State, and except as otherwise specially provided.”
- In Tappan v. Pelletier, 2012 ME 70, ¶ 16, the Maine Supreme Judicial Court held that “the six-year statute of limitations for negligence begins to run on the date the injury is sustained, regardless of when the plaintiff discovers the injury or its cause.” Subsequently, Plaintiff’s claim for negligence should be dismissed for filing past the statute of limitations.
- Similarly, in Allen v. Johnson, 2015 ME 82, ¶ 12, the court held that “the six-year statute of limitations period for contract claims begins to run when the cause of action accrues.” Subsequently, Plaintiff’s claim for breach of contract should be dismissed.
- In XXX, the plaintiffs alleged that the defendant’s operation of a quarry constituted a private nuisance, and the defendant argued that the claim was time-barred by the statute of limitations.
- The Maine Supreme Judicial Court held that the statute of limitations for private nuisance claims in Maine is six years from the time the cause of action accrues. Similarly, Plaintiff’s claim for private nuisance should be dismissed.
- XXX. In that case, the plaintiffs alleged that the town had unlawfully trespassed on their property by constructing a drainage ditch, and the town argued that the claim was time-barred by the statute of limitations.
- The Maine Supreme Judicial Court held that the statute of limitations for statutory trespass claims in Maine is six years from the time the cause of action accrues. Similarly, Plaintiff’s claim for statutory trespass should be dismissed.
REASONS WHEREFORE, PREMISES CONSIDERED, Defendant respectfully requests this Honorable Court to DISMISS Plaintiff’s Complaint WITH PREJUDICE and costs to Defendant.
Dated this _____ day of XXX.
Respectfully Submitted,
___________________________________
XXX,
Defendant in pro per
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