Malezi v. S. W. Rogers Co.

By JUDGE MICHAEL P. McWEENY

This matter is before the Court on defendant S. W. Rogers Company, Inc.’s Motion to Dismiss Count IV and defendant Stanley Martin, Inc.’s Demurrer to Counts I and II. After hearing oral argument, the Court took the case under advisement to consider the argument and cases submitted. As set forth more fully below, the Motion to Dismiss Count IV is denied, the Demurrer to Count I is overruled, and the Demurrer to Count II is sustained.

1. Count IV

Defendant S. W. Rogers asserts two bases for its motion. First, in order to be liable for nuisance, the defendant must not…