Their Frivolous Answer/Motion to Dismiss and My Response

I’ll try to add in the dates later. But basically they waited till the last second every time they filed anything. I’ve heard from other lawyers that that is lawyer game. Figures:

This is their Answer and Motion to Dismiss:

My response to their Motion to Dismiss:

Let me break in here for a second and point out that in this initial answer/motion to dismiss, the Board states clearly (3 times) that it was always a levy and never a special assessment. Yet, jump forward to their most recent grasp at straws, and that motion states it was a Special Maintenance Fee, which they are allowed to do because in SDCL 31-12A-25, the road district is directed to 9-43 for rules on how to impose… wait for it… A SPECIAL ASSESSMENT!!!! You just can’t make this shit up… unless you are a lawyer or a crooked board.

31-12A-25. Laws applicable to proceedings for constructing roads, borrowing money, making special assessments, and issuing bonds.

All proceedings for constructing and maintaining the roads and the borrowing of money, making of special assessments, and issuing of bonds shall be governed, to the extent applicable, by § 9-12-1 and chapters 9-26, 9-40, 9-43, 9-45, and 9-46.

On with my response:

I think my motions and responses got better as their lawyer did everything possible to waste time and money trying to keep this from being seen by a judge.

Something I just want to throw i here is that while they state 3 times that it was never a special assessment but a levy (as a road district can only do those 2 things), they never mention “Special Assessment Fee” until their last motion that was received the day before the hearing. Which is a full day ahead of when we had received all the others which were all the very last day they could be received. In fact, one of them was not received for several days after the first hearing was scheduled. Had that hearing actually been held, we would have been caught off guard, which of course was the whole point.

More on that later. 🙂