Kensington Land Co. v. Zelnick

Jeffrey M. Welbaum, Judge.

This matter came on for the court’s consideration upon defendant Peter Zelnick’s motion to dismiss under Civ.R. 12(B)(6) filed July 21, 1997. Plaintiff Kensington Land Company responded by filing a memorandum in opposition to defendant’s motion to dismiss on August 18, 1997. Defendant filed his reply on September 2,1997.

The defendant moved for dismissal of all of plaintiffs claims for failure to state a claim upon which relief can be granted. Plaintiff alleges in its complaint that it should be entitled to damages based upon the tort of abuse of process based on…