In March 2023, Sandra Kayle Clyatt Meekins filed a claim for damages against Leslie Harvey Jnr/Harvey Construction, Lori-Ann Foley, and Leslie Harvey Snr for the removal of a slave wall from her property. Meekins claimed that the slave wall, constructed over 200 years ago, held sentimental value as it had been on the property for approximately 100 years. The defendants allegedly demolished the wall without permission, leading to damage to the property. Meekins sought damages for this alleged trespass and private nuisance.
The Second Defendant, Lori-Ann Foley, sought a summary judgment to dismiss the claim against her. The basis for this request was that Meekins’ claims against Foley had no reasonable prospect of success and that she would not be able to recover more than nominal damages from Foley. Foley denied any involvement in the demolition of the wall and stated that she was unaware of any intention to demolish it. Meekins argued that Foley, as a joint owner of the adjacent property, was implicated due to the relationship between the properties.
The judge ruled in favor of the Second Defendant, Lori-Ann Foley, dismissing the case against her but not against the First and Third Defendants. The judge determined that Meekins did not present enough evidence to show a realistic prospect of success against Foley. There was no clear connection between Foley and the actions of the First and Third Defendants, who were directly responsible for the demolition of the wall. Despite Meekins’ claims, the judge found that she had not established a strong case against Foley.
Meekins claimed damages for the removal of the slave wall, vegetation, and fence on her property. She alleged that the defendants had trespassed on her property and caused damage without permission. Meekins’ efforts to have the wall rebuilt by the First and Third Defendants were unsuccessful, leading to further accusations of theft and destruction of property. The judge concluded that Meekins had not provided enough evidence to support her claims against the Second Defendant.
Ultimately, the judge dismissed the case against Lori-Ann Foley but did not dismiss it against the First and Third Defendants. Meekins was ordered to pay the Second Defendant’s costs for the application. The ruling highlighted the lack of evidence connecting Foley to the demolition of the wall and emphasized the need for a realistic prospect of success in legal claims. It remains to be seen whether the First and Third Defendants will also seek summary judgment in their favor based on similar grounds.
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23 Comments
I cant believe they dismissed the lawsuit! Justice for historical preservation!
I know, right? Its a total disgrace. These greedy developers have no respect for our history. We need to keep fighting for whats right and hold them accountable. Dont give up, keep pushing for justice!
I cant believe they dismissed the lawsuit! Justice system is failing us.
Maybe there wasnt enough evidence to support the lawsuit. Just because a decision doesnt go your way doesnt mean the justice system is failing. Its about following the law, not just getting the outcome you want.
This ruling sets a dangerous precedent for property rights and historical preservation.
I think the individual should be celebrated for standing up against historical injustice.
I disagree. While its important to address historical injustices, we cant ignore the impact of one persons actions. True change comes from collective efforts and systemic changes, not just individual acts. Lets focus on creating lasting change together.
I think the lawsuit was justified. We cant erase history by destroying artifacts.
Actually, preserving artifacts doesnt erase history; it helps us learn from it. Lawsuits can protect our cultural heritage and hold accountable those who exploit it. Its about respect and responsibility, not erasure.
Should individuals have the right to remove historical artifacts without consequence? Thoughts?
Should individuals be allowed to remove historical artifacts without consequences?
Absolutely not. Removing historical artifacts without consequences sets a dangerous precedent and erases important pieces of our past. Preservation and respect for history should always take precedence over individual desires.
I cant believe they dismissed the lawsuit! What are your thoughts on this decision?
This ruling sets a dangerous precedent for property rights. Thoughts?
Property rights are important, but so is protecting the environment. Sometimes sacrifices have to be made for the greater good. This ruling may not please everyone, but its a step in the right direction for our planets future.
Wow, cant believe the court let them off the hook for that. Unbelievable decision!
I cant believe they dismissed the lawsuit! Whats next, no consequences for theft?
Should property rights override historical preservation? Lets discuss! 🤔
Historical preservation ensures our heritage is protected for future generations. Property rights should not trump the preservation of our cultural identity. Lets prioritize the collective memory and history of our communities over individual profit. 🏛️🌳
Should individuals have the right to remove historical artifacts on their property?
Should property rights trump historical preservation? Interesting debate sparked by this ruling.
Absolutely, property rights should always come first. Historical preservation is important, but individuals should have the right to do what they want with their own property. Lets not hinder progress in the name of preserving the past.
Seems unfair, property rights should have limits. What do you think?