The plaintiffs brought a motion to adjourn the scheduled trial of their action concerning well water contamination on their purchased property.
The adjournment was sought to allow the plaintiffs to complete a Phase II Environmental Site Assessment.
The defendant municipality opposed the motion, arguing that the plaintiffs were precluded from taking further steps under Rule 48.04 as the action had been set down for trial.
The court granted leave under Rule 48.04, finding it was in the interests of justice, and granted the adjournment to ensure the action could be determined on its merits with the best available evidence.
