The plaintiffs brought a motion to enforce a settlement agreement, alleging the defendants failed to satisfactorily complete earth works and grading on their property as required by the minutes of settlement.
The parties relied on conflicting unsworn engineering reports regarding the adequacy of a buffer zone, berms, and general conformance with the grading plan.
The court found it could not resolve the factual disputes on the written record alone.
The court withheld its final order for 45 days to allow the parties to make submissions on holding a mini-trial or ordering the experts to meet and confer under the Rules of Civil Procedure.
