Fictional complaint for trespass to land

Show on page(s): 

Random County Circuit Court

Random County, State of Unicornia 

Fictional Victim, an Individual, Plaintiff

v.

Angry Neighbor, an Individual, Defendant 

 

Complaint

Comes now Fictional Victim, through counsel, and files this complaint, and states and alleges as follows:

 

Preliminary Statement

1.  This case arises from a pattern of verbal abuse against a homeowner who loved planting flowers.  It is a case wherein one neighbor's love for tulips has been trampled by an unexplained anger towards natural beauty.

2.  By his acts, Neighbor has intentionally stamped out Victim's flowers on her land.

3.  Victim alleges trespass to her land.  As relief for Defendant's actions, Plaintiff seeks compensatory damages, as well as injunctive relief as permitted by law and equity.

 

Jurisdiction and Venue

4.  Jurisdiction is conferred upon this Court by this state's general jurisdiction statute because the focus of the dispute is land located in this state.

5.  Venue is proper in this Court because both Plaintiff and Defendant reside in this county.  At least a substantial part of the events giving rise to the claims occurred in this county as well.

 

General Allegations

6.  Plaintiff and Defendant are neighbors, owning adjoining properties in the county of Random in the State of Unicornia.

7.  Each summer since 1999, Plaintiff has planted a number of flowers on her front lawn.

8.  Defendant has often remarked that Plaintiff's flowers make the neighborhood look too cheerful.

9.  On or around June 18, 2008, Defendant observed Plaintiff in her front yard and shouted the following:  "Hey Victim!  If you don't yank out those tulips, I will do it for you before I leave for work tomorrow morning."

10.  Plaintiff ignored Defendant's remarks and did not remove her flowers from the yard.

11.  On or around June 19, 2008, Plaintiff observed through a second-story window as Defendant walked onto the land in her front yard.  

12.  Defendant proceeded to kick, step on, and/or pull Plaintiff's flowers from the soil.  

13.  As Plaintiff shouted for Defendant to stop, Defendant only picked up speed before finally driving away from the scene.

 

COUNT 1 - TRESPASS TO LAND

14.  Plaintiff re-alleges and incorporates by reference paragraphs 6 through 13 as if fully set forth herein.

15.  Plaintiff is the sole owner of the land described in paragraph 11.

16.  Defendant intentionally walked onto Plaintiff's land without her consent or any other valid privilege.

WHEREFORE, Plaintiff demands judgment against Defendant and an award remedies available pursuant to the common law of the State of Unicornia.

 

DEMAND FOR JURY TRIAL

Plaintiff hereby demands a jury trial on any cause of action and claim with respect to which there is a right to a jury trial.

 

RELIEF REQUESTED

17.  Compensatory damages in the amount of $500, equal to the cost of all destroyed flower bulbs, damaged soil, and the chemical fertilizers expended on ensuring that the flowers grew to their full height - a result made impossible by Defendant's actions in this case.

18.  A permanent injunction directing and ordering Defendant not to step onto Plaintiff's land without her express consent or other valid authorization.

19.  An award of such further and additional legal and equitable relief as the Court deems just and proper.

 

Dated: September 8, 2009

Random County, UNICORNIA State 

 

Respectfully Submitted By,

Intrepid Lawyer,

Counsel for the Plaintiff