Who are you? The neighbor, the resident, or the engineer?
Sounds like a good legal strategy to me. Draft the response and counterclaim and then do an act to see if the other side will take action. Passive agressiveness can work very well in a court of law. This one sounds interesting. If anyone knows when these folks are supposed to be battling it out in court, let us know. I for one am fortunate enough to have the time for this type of entertaining drama.
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