Burlington cow poop case avoids trial with neighbors’ settlement
Documents filed recently in
The squabble between
The dispute, which lasted almost three years, became public when Eipert and Rowland received a "quart of cow poop via priority mail" at their residence. The package was anonymously sent, but Eipert and Rowland soon discovered it was sent to them by
Rowland said he initially thought it was a three-pound package of sprouted flour, a health food ingredient he recently ordered, but instead found the cow dung.
Eipert and Rowland filed a lawsuit several weeks later in
The Capdevilas later filed a counter lawsuit against Eipert and Rowland, claiming defamation of character, harassment, invasion of privacy and interference with the Capdevilas' insurance business.
Eipert and Rowland admitted to filing a formal complaint with
The civil lawsuits were scheduled to go to jury trial this fall in
However, District Judge
"As a result of that settlement conference, the matter has been resolved," Brown wrote in an order she filed in district court. "Based upon the settlement, the following observations and acknowledgements have been made."
The settlement includes:
--The Capdevilas agree that at any time their dog, or any dog that they have in the future, is outside of their residence it will wear a functioning bark collar to control its barking;
--The Capdevillas acknowledge it was inappropriate to have "imitation feces" shipped to the Eipert and Rowland residence;
--Eipert and Rowland acknowledge it was inappropriate for them to send a letter to
As a result of the resolution reached between the two parties, they will both dismiss their lawsuits and individually pay court costs, Brown said.
She also said the parties have agreed no other statements will be made about the case or settlement.
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