NeilTheCop
Member
What is the name of your state? New Mexico
As it's been so long since my last posting it's been suggested I start a new thread.
A recap.
My neighbor is a farmer and started using a dirt track next to my house to transport manure into the field. The manure was not applied to the field, but just stored and later removed.
In July 2018 I filed a civil complaint for private nuisance and for preliminary and permanent injunction to enjoin the nuisance. I also requested a temporary restraining order and demanded a jury trial.
The preliminary injunction motion was heard in February 2019, and a few days later I received notice that the judge had granted it.
In May 2020 the trucks hauling manure started again and I filed a motion for indirect contempt and sanctions, but I dropped the ball and didn't file the request for a hearing on the correct form, so this never went ahead. My fault entirely, but the trucks did stop; for a while.
December 2022 the trucks started up again and again I filed a motion for indirect contempt and sanctions but added an amendment to the original injunction demanding that the farmer install a barrier to physically stop the trucks violating the injunction; again. The trucks stopped; for a while.
I'm still waiting for the hearing date to be set, but starting yesterday, the trucks are back.
So the question.
Do I file a second motion for indirect contempt and sanctions, or request an expedited hearing for the already pending hearing?
As it's been so long since my last posting it's been suggested I start a new thread.
A recap.
My neighbor is a farmer and started using a dirt track next to my house to transport manure into the field. The manure was not applied to the field, but just stored and later removed.
In July 2018 I filed a civil complaint for private nuisance and for preliminary and permanent injunction to enjoin the nuisance. I also requested a temporary restraining order and demanded a jury trial.
The preliminary injunction motion was heard in February 2019, and a few days later I received notice that the judge had granted it.
In May 2020 the trucks hauling manure started again and I filed a motion for indirect contempt and sanctions, but I dropped the ball and didn't file the request for a hearing on the correct form, so this never went ahead. My fault entirely, but the trucks did stop; for a while.
December 2022 the trucks started up again and again I filed a motion for indirect contempt and sanctions but added an amendment to the original injunction demanding that the farmer install a barrier to physically stop the trucks violating the injunction; again. The trucks stopped; for a while.
I'm still waiting for the hearing date to be set, but starting yesterday, the trucks are back.
So the question.
Do I file a second motion for indirect contempt and sanctions, or request an expedited hearing for the already pending hearing?
