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Rattigan v. Wile

Supreme Court of Massachusetts

841 N.E.2d 680 (2006)

Relevant factsFree

After John Rattigan and Jeffrey Horvitz (plaintiffs) successfully challenged a building permit sought by their neighbor Evan Wile (defendant), Wile embarked on a multi-year campaign of retaliation, dumping construction debris and a red freight container along the property line, stacking debris higher whenever the plaintiffs erected a fence to block the view, placing a rusted crane bucket atop the container, elevating an office trailer on blocks to peer over the fence at the plaintiffs' pool, repeatedly landing a helicopter on his property, installing portable toilets, and organizing large unattended parties. The plaintiffs sued for private nuisance, winning damages for lost rental revenue and a broad injunction barring any conduct causing them substantial worry, annoyance, or offense; Wile appealed.

IssueFree

Whether a property owner may bring an action for private nuisance based on unreasonable visual conditions on a neighboring property.

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