John P. McGill, et al. v. Gene Webb

Case No.: 19CV000903    

REVIEW OF THE REMEDIAL/REPAIR PLAN
TENTATIVE RULING: On September 27, 2019, the Court granted plaintiffs John P. and Wanda McGill’s (individually and as trustees for the McGill Family Trust 2018) motion for a preliminary injunction. The Court ordered defendant Gene Webb to remediate/repair his property from further encroaching and sliding over the driveway leading to plaintiffs’ home. Webb was ordered to submit a remedial/repair plan to the Court, which he filed on October 3, 2019. The Court set the current hearing to review the plan. The Court noted the expedited schedule was due to the fact the winter rains are approaching and plaintiffs’ access to their property is in serious jeopardy, and the parties had an opportunity to hammer out a plan before a prior continuance. The Court deferred ruling on the bond issue until the costs of any plan were known.
Webb offers a two-step plan based on Jeff Raines’ (civil engineer and geotechnical engineer) recommendation regard........