Young v. Spencer

ROBERT D. BELL, Chief Judge.

11 Plaintiff/Appellant, Ulrich W. Young, appeals from the trial court's order dismissing his reckless herbicide application action against Defendant/Appellee, Bob Spencer, on the ground Plaintiff failed to comply with 2 0.8. Supp.2005 $ 8-82(H) prior to filing suit. For the reasons set forth below, we reverse and remand for further proceedings. |

§2 Plaintiff and Defendant own adjacent parcels of land. Plaintiff alleges that beginning in May 2004 and continuing, Defendant has negligently applied herbicide on his own property that has drifted onto and contaminated…