Sundowner, Inc. v. King
Supreme Court of Idaho
509 P.2d 785 (1973)
Relevant factsFree
The Kings (defendants), owners of a motel, built a large fence between their property and the adjoining Desert Inn motel owned by Sundowner (plaintiff), obscuring about 80 percent of the Desert Inn and cutting off its air and light. Sundowner sued for damages and removal of the fence, and the trial court, finding the fence was erected out of spite and violated a municipal ordinance, ordered it partially reduced; the Kings appealed, arguing the trial court erred in ordering partial abatement based on a finding of spite.
IssueFree
Whether, under common law, a property owner may erect and maintain a structure that serves no purpose useful to himself, but is intended solely to damage a neighbor.