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USE ATTACHMENTS

Assignment No. 4 - Brief Writing

Refer to Exercise 27-B in the Dernbach book. You are a legal assistant with the firm of Adams,

Bradley, Carey & Donovan, P.C.

Write the brief based upon the facts and legal authorities set forth in both Exercise 7-C and Exercise

27-B. In addition, the following facts appear in the record:

1. Greenleaf bought the house in the name of Greenleaf Associates. The deed is dated October 10,

2014, which was the date of the closing. The property address is 123 Undercliff Road, Porterville, Bergen

County, New Jersey. The improvements to the house were built from October 10, 2014 to May 10, 2015.

2. Elliot erected the billboards on June 15, 2015, and the conversation between Greenleaf and Elliot

referred to in exercise 7-C occurred on that day.

3. Your firm filed a complaint with the Superior Court of New Jersey, Law Division, Civil Part,

Bergen County, on behalf of Greenleaf Associates on August 6, 2015. Peter Elliot is the defendant. The

complaint alleges a claim for nuisance based upon the facts set forth in this assignment sheet and in

Exercises 7-C and 27-B.

4. On September 10, 2015, Elliot’s lawyers filed an answer to the complaint admitting the facts

alleged in the complaint, but denying any liability for nuisance. On September 19, 2015, Elliot’s lawyers

filed a motion for summary judgment seeking to dismiss the complaint. On October 24, 2015, after hearing

oral argument, Judge Shea delivered the opinion on page 416 (found in text of 27-B problem) granting the

motion. She signed an order on that date dismissing the complaint. On May 2, 2019, your firm will file its

notice of appeal with the Superior Court of New Jersey, Appellate Division.

Senior attorney, Anne Adams, asked you to draft the (1) statement of procedural history, (2)

standard of review, (3) statement of facts, (4) legal argument, and (5) conclusion for an appellate brief on

behalf of your clients, Bradley Greenleaf and his firm Greenleaf Associates.

You do not have to include any references to the appellate record in your brief. No additional

research is required; you may rely on the legal authorities in the Dernbach book. In addition, while

researching the standard of review after a trial court grants a motion for summary judgment, you found a

leading case stating that: “The appellate court uses the same standard as the trial court. It decides first

whether there was a genuine issue of fact. If there was not, then the court decides whether the lower court’s

ruling on the law was correct.” Prudential Insurance Co. v. Boylan, (1998).