Statute unconst’l b/c facts submitted to judge were 1-sided Inconsistent w/ b/c affidavit more than conclusory and Mitchell/Di-Chem was issued by a judge Consistent w/ b/c more complicated. Property had Mitchell/Di-Chem nothing to do w/ 1-sided tort claim. Balance is different
Statute unconst’l b/c facts submitted to judge were 1-sided Inconsistent w/ Mitchell/Di-Chem b/c affidavit more than conclusory and was issued by a judge Consistent w/ Mitchell/Di-Chem b/c more complicated. Property had nothing to do w/ 1-sided tort claim. Balance is different
civproaugust2009.docx