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John Nephew

Maplewood City Council Policy & Politics


Lawsuit Dismissed

We just got word that the lawsuit, Musgrave v. Nephew et al., was voluntarily dismissed by the plaintiff under rule 41.01(a)(1). According to this section of the Minnesota Rules of Civil Procedure, "an action may be dismissed by the plaintiff without order of court (1) by filing a notice of dismissal at any time before service by the adverse party of an answer or of a motion for summary judgment, whichever first occurs..." This suggests that our attorneys haven't even filed an answer to the original suit, which is a good thing in terms of minimizing the taxpayer dollars spent responding to this frivolous lawsuit.

It's perhaps inevitable that government will get sued now and then. I'd rather not see it happen at all, of course, but I'll take a suit that ends with the plaintiff's voluntary dismissal over the ones that result in large monetary settlements or court judgements any day.


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