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Reason
Reason
Politics
Eugene Volokh

Pro Se Plaintiff Wins $80K in Libel Lawsuit Against Neighbors

From Poimboeuf v. Merritt, decided today by the N.C. Court of Appeals (No. 23-229), in an opinion by Judge John Tyson, joined by Judges Zachary and Flood; some quick and likely not fully reliable Googling suggests that Poimboeuf wasn't trained as a lawyer, though Riselvato had been a paralegal:

Kevin Poimboeuf's … long-term girlfriend, Shelley Welch Riselvato …, owns Wildflower Preschool, a farm and nature preschool …. Wildflower Preschool bordered and shared an access easement with the adjacent Merritt's Gravel Pit, Inc. …. Merritt's Gravel Pit is owned and operated by Defendant Tony [Merritt]. Defendant Ilene [Merritt] is not an employee on the payroll of Merritt's Gravel Pit, but she often helps with the business ….

Katelyn Merritt …, Tony's and Ilene's daughter, is the Vice President of Merritt's Gravel Pit. TIK, LLC … owns the land from where Merritt's Gravel Pit operates. Tony, Ilene, and Katelyn Merritt are each one-third member-owners of TIK.

Riselvato and the Merritts have endured a contentious relationship since Riselvato first visited the property adjacent to Merritt's Gravel Pitt. Shortly after the property was listed for sale, Riselvato's realtor instructed her to review the property. While there, Tony and Katelyn confronted Riselvato, accused her of trespassing, told her the property was not for sale, and reported her to the Orange County Sheriff's Office. Tony's mother owned the property Riselvato eventually purchased, and selling the property was a source of contention amongst members of the Merritt family.

Once Riselvato and Poimboeuf began constructing Wildflower Preschool, Riselvato's and Poimboeuf's relationship with the Merritt family quickly deteriorated. Tony accused Poimboeuf of exposing his penis in the presence of children and reported Poimboeuf to law enforcement officers. Although the Merritts filed a complaint at the magistrate's office to bring criminal charges against Poimboeuf, those charges were later dismissed.

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