Lawsuit: Dismissed dygyee v. The Department of Construction and Transport [2021] DCR 49

[dygyee]

IN THE DISTRICT COURT OF THE COMMONWEALTH OF REDMONT
CIVIL ACTION


dygyee
Plaintiff

v.

The Department of Construction and Transport (DCT)
Defendant

COMPLAINT
The Plaintiff complains against the Defendant as follows:
I bought a building that had previously been bought and sold by multiple people. To my surprise after I bought it, the DCT had allowed the building to extend 2 blocks outside of the plot when they pasted it in. The secretary of the DCT Mhadsher101 came to remove the excess 2 blocks of my building. He removed 2 rows of interior blocks and shifted the outer wall to fit inside my plot. After he had done so, there were many issues with my plot. He fixed the major issue by centering the wall, however there were many other issues that he wouldn't fix.

I. PARTIES
1. dygyee
2. The Department of Construction and Transport

II. FACTS
1. I, dygyee, bought plot C-055 with the current building on it from Xerxesmc for 35k.
2. A couple days after I bought the plot, I realized that the building extended 2 blocks outside the plot.
3. I contacted Xerxesmc about the issue and he reported it to Mhadsher101.
4. Mhadsher101 came to my building and removed the excess 2 rows of blocks and he moved the walls so that the outside looked fine.
5. I asked Mhadsher101 if he could help fix some of the major details inside that were missing, but he said no and left.

III. CLAIMS FOR RELIEF
1. Property Damage
2. Legal Fees

IV. PRAYER FOR RELIEF
The Plaintiff seeks the following from the Defendant:
1. $4,750 for property damage
2. $50 in legal fees

List of witnesses:
1. Xerxesmc
2.Mhadsher101

Evidence:
Exhibit 1: Proof of dygyee asking Mhadsher101 to fix a couple details and Mhadhser101 saying no.

Exhibit 2: Mhadsher101 admitting that it wasn't my fault that the building extended 2 blocks outside of the plot.

Exhibit 3-8: Proof of Property damage (Missing furniture, Broken windows, Off centered pool and stage, Lack of pool border, inaccessible elevators, broken chandeliers, and broken support beams .

By making this submission, I agree I understand the penalties of lying in court and the fact that I am subject to perjury should I knowingly make a false statement in court.

DATED: This 2nd day of September 2021

 

[Wuutie]

IN THE COURT OF THE COMMONWEALTH OF REDMONT
WRIT OF SUMMONS

The Defendant,
The Attorney General , is required to appear before the court in the case of Dygyee v. The Department of Construction. Failure to appear within 72 hours of this summons will result in a default judgment in favour of the plaintiff.

I'd also like to remind both parties to be aware of the Court Rules and Procedures.​

 

[JoeGamer]

IN THE DISTRICT COURT OF THE COMMONWEALTH OF REDMONT
MOTION TO DISMISS

dygyee
Plaintiff

v.

Department of Construction and Transport
Defendant

MOTION TO DISMISS
Defendant move that the complaint in this case be dismissed, and in support thereof, respectfully alleges:
1. At the time, DCT secretary Mhadsher was acting as staff, not as a member of the DCT. Secretary Mhadsher was fixing the building because of issues with the paste. Seeing the problem, Mhadsher acted using his ability as a staff member to fix the plot, as within his duty as staff. Because of the separation of staff and state, the case should be dismissed.
2. The Department of Construction and Transport is in charge of making sure buildings are up to building regulation. The DCT is not a private contractor, and it isn’t the job of the DCT to edit buildings because people want something changed in their build. The plaintiff willingly bought a building that was too big for the plot. It isn’t the job of the DCT to play cleanup when people mess up builds.


By making this submission, I agree I understand the penalties of lying in court and the fact that I am subject to perjury should I knowingly make a false statement in court.



DATED: This 4th day of September 2021

 

[dygyee]

Response to the motion:
1. Mhadsher101, although being a staff member came as a member of the DCT after the DCT was informed of the issue with my plot. The DCT is also responsible for regulating buildings, not staff. Therefore it is likely that Mhadsher101 tried to solve the issue as the SEC for the DCT, and not as a staff member.
2. When the government does something, in this case the DCT, and a repercussion of this act is the destruction of a citizens property who did nothing wrong, the government should either be fixing the building, or providing financial aid to the citizen to fix the building. After all it's the government's fault not the citizens.

 

[Wuutie]

Verdict

Im going to be granting the motion for dismiss ordered by the Attorney General because of the following reasons:

1) Mhadsher was executing his role as staff and not as a secretary of construction and transport. When opening the staff ticket he switched roles and that’s why he can’t help the Plaintiff with his request.
2) If this issue needed to be solved the Plaintiff himself had to make a ticket in DCT and complain or hire a private constructor.

The case is hereby dismissed.