Dowdell v. Bloomquist
Supreme Court of Rhode Island
847 A.2d 827 (2004)
Relevant factsFree
After Cheryl Dowdell (plaintiff) opposed Peter Bloomquist's (defendant) plan to add a second story to his house, fearing it would block her ocean view, Bloomquist planted a row of 40-foot trees along the property line that blocked most of the sunlight reaching Dowdell's windows. Dowdell sued under a local spite-fence statute, and the trial court found Bloomquist planted the trees out of spite and malice, granting Dowdell injunctive relief. Bloomquist appealed, arguing trees are not a "fence."
IssueFree
Whether a row of trees can be considered a fence within the meaning of a spite-fence nuisance statute.