Elrod v. Sunflower Meadows Dev. LLC

The defendant was properly allowed to withdraw its admissions, since it presented credible evidence to refute its admissions, its motion to withdraw its admissions was not solely interposed for delay and the plaintiffs failed to show prejudice.

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Plaintiffs Mike Elrod, Connie Elrod collectively, Elrod, and Lake Dows Estates Property Owners Association appeal the trial court’s order granting summary judgment to defendant Crown Communities, Inc. Elrod and the Association also appeal from the trial court’s orders allowing Crown to withdraw admissions, striking an affidavit submitted by Elrod and the Association in support of their cross-motion for summary judgment, and awarding Crown attorney fees. For the reasons set forth below, we find no error and affirm.

The record shows that Elrod and the Association sued Crown and Sunflower Meadows Development, LLC, for negligence, trespass, and nuisance. In their complaint, Elrod and the Association contended that Crown’s and Sunflower’s development and land clearing activities had caused high levels of sediment to flow onto Elrod’s and the Association’s property. Elrod and the Association later served Crown with requests for admissions. They asked Crown to admit or deny numerous matters, including that Crown owned real property adjoining Elrod’s and the Association’s real property; that Crown constructed multiple ponds on its property; that erosion resulting from the construction of Crown’s ponds caused sediment to flow into the lake and pond on Elrod’s and the Association’s property, causing damage; and that, after being notified of the sediment buildup in Elrod’s pond and lake, Crown failed to take adequate measures to prevent sediment from flowing from Crown’s property onto Elrod’s and the Association’s property. Although served on March 6, 2009, Crown did not respond to the request for admissions until September 2009.

Elrod v. Sunflower Meadows Dev. LLC

The defendant was properly allowed to withdraw its admissions, since it presented credible evidence to refute its admissions, its motion to withdraw its admissions was not solely interposed for delay and the plaintiffs failed to show prejudice.

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