Offshoot of my nusiance claim

[NeilTheCop]

New Mexico

As some of you may know I'm in dispute with my farmer neighbor about him building a road and using it to transport and store tonnage quantities of manure.
This road is about 1 mile long and each end enters/exits onto public roads but the farmer only uses the entrance next to my house.
I filed a motion for an expedited hearing for preliminary injunction and explained why I thought the 4 elements had been fulfilled.
For the element of "whether the balance of equities and hardships is in the plaintiff's favor" I suggested that they simply use the other end of the road for the truck traffic.
It's the attorneys reply that has got me stumped and concerned.
He stated that they had been using that end of the road but the heavy truck traffic had caused a shallow well to collapse and there are two other shallow wells in the immediate vicinity!
I know the well he's talking about because I have photos of it for my case. As I type this I can see his trucks still driving over the well that is collapsed and dumping the loads of manure right next to it.
Should I contact the EPA or could it jeopardize my case?
FYI, the ground water table is only about 25-30 feet down.

 

[LdiJ]

New Mexico

As some of you may know I'm in dispute with my farmer neighbor about him building a road and using it to transport and store tonnage quantities of manure.
This road is about 1 mile long and each end enters/exits onto public roads but the farmer only uses the entrance next to my house.
I filed a motion for an expedited hearing for preliminary injunction and explained why I thought the 4 elements had been fulfilled.
For the element of "whether the balance of equities and hardships is in the plaintiff's favor" I suggested that they simply use the other end of the road for the truck traffic.
It's the attorneys reply that has got me stumped and concerned.
He stated that they had been using that end of the road but the heavy truck traffic had caused a shallow well to collapse and there are two other shallow wells in the immediate vicinity!
I know the well he's talking about because I have photos of it for my case. As I type this I can see his trucks still driving over the well that is collapsed and dumping the loads of manure right next to it.
Should I contact the EPA or could it jeopardize my case?
FYI, the ground water table is only about 25-30 feet down.

I would certainly call the EPA if someone is dumping manure right next to a collapsed well! All of the local groundwater could get contaminated!

 

[NeilTheCop]

This is my concern

 

[quincy]

In your other thread (and this latest information actually should have been added there), there was a discussion of the wisdom of contacting the media. Now might be a good time to do so.

 

[bcr229]

Are you on well water or city water?

 

[quincy]

Are you on well water or city water?

Please read Neil's other thread in this section of the forum. It is titled "Tolling the Statute of Limitations." There is no need to repeat information already provided. Thanks.

https://forum.freeadvice.com/threads/tolling-the-statute-of-limitations.649065/

 

[NeilTheCop]

Are you on well water or city water?

Both. Our drinking water is from a local co-op, and I use my well water for irrigation.