Lee v. Lemon

By Judge Robert P. Doherty, Jr.

Prior to 1989, Defendant’s predecessor in title excavated along their boundary line with Plaintiffs land, thereby removing the lateral support from that portion of Plaintiff s real estate. Thereafter, because of the loss of lateral support, each time it rained, soil eroded from Plaintiff s land at the excavation site. Plaintiff filed a Motion for Judgment claiming damages to her land as a result of that erosion. Defendants responded with a Special Plea in Bar arguing that Plaintiff failed to state when her cause of action arose and that the statute of…