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A municipality failed to schedule a 50h hearing after a notice of claim was filed. The initial notice of 50h was improperly served pursuant to 50h. The representing attorney, after I notified him of improper service, sent a letter which said that the municipality was not scheduling a hearing. I am in court next week. Is there any case law which will support a request to the court that all of the allegations in the notice of claim should be considered as factual and that since the municipality failed to schedule the 50h hearing they forfeited any right to argue the merits of the case.