Circuit Court Dismisses Firm Client from 7-Count Complaint

Silverman Thompson

On November 17, 2023, the Circuit Court for Howard County granted a motion to dismiss filed by Silverman Thompson lawyers in the matter of George Arthur Willson, II v. TDH Farms LLC, ending the case against the Firm’s client.

The case involved a complicated land dispute related to a barn built by plaintiffs that significantly encroached on property purchased by Firm client. In their lawsuit filed in 2022, plaintiffs alleged over $100,000 in alleged damages, dated back to 2016, and requested that the Court declare plaintiffs the legal owners of the barn.

The plaintiffs filed suit against the Firm’s client under seven counts, specifically: (1) temporary restraining order and preliminary injunctive relief, (2) declaratory judgment, (3) trespass to possessory interest, (4) trespass to chattels, (5) quiet title, (6) possession of property, and (7) conversion. Bill Sinclair, Avery Strachan, Kerri Smith, and Erin Brooks handled the case for the Firm, filing a Motion to Dismiss all claims alleged by plaintiffs.

On November 2, 2023, Kerri Smith argued the Firm’s Motion to Dismiss in front of the Honorable Judge Mary Kramer in the Circuit Court for Howard County. After the matter was held sub curia, Judge Kramer ruled in favor of the Firm’s argument that the three-year statute of limitations articulated in Section 5-101 of the Courts and Judicial Proceedings Article barred all seven of plaintiffs’ claims, and dismissed plaintiffs’ entire First Amended Verified Complaint with prejudice. A copy of the opinion is here.

The Silverman Thompson real estate litigation department is well-versed in land disputes and defending claims for injunctive, declaratory, and compensatory relief. To find out more about how we might be able to help you, please click on the hyperlinks above to see the attorneys who handled this matter.

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