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plaintiffdefendantdamagesinjunctionpleaforeclosure
plaintiffdefendantdamagesappeal

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Rattigan v. Wile, 445 Mass. 850, 841 N.E.2d 680

Facts

This case involves two adjacent oceanfront properties in Beverly Farms, Massachusetts. The plaintiffs, John Rattigan and Jeffrey Horvitz, purchased their property, Edgewater, at a foreclosure auction in 1991. The defendant, Evan Wile, purchased the adjacent vacant lot with plans to build a home, leading to a series of disputes and retaliatory actions by Wile, including placing unsightly objects and conducting disruptive activities that interfered with the plaintiffs' enjoyment of their property.

This matter involves two adjacent, prime oceanfront parcels located off West Street in Beverly Farms, an affluent residential section of the city of Beverly. Both properties directly abut a sandy beach and enjoy commanding views of the water.

Issue

Did the defendant's actions constitute a private nuisance that interfered with the plaintiffs' use and enjoyment of their property?

Did the defendant's actions constitute a private nuisance that interfered with the plaintiffs' use and enjoyment of their property?

Rule

Activities on one's property that create or maintain unreasonable aesthetic conditions for neighbors are actionable as a private nuisance. The law of nuisance requires a substantial and unreasonable interference with the use and enjoyment of property.

We conclude in this appeal that activities on one's property that create or maintain unreasonable aesthetic conditions for neighbors are actionable as a private nuisance.

Analysis

The court found that the defendant's placement of items near the plaintiffs' property was intended to harass them, and that the unpleasant odors, sounds, and visual conditions created by the defendant's actions substantially harmed the plaintiffs' use and enjoyment of their property. The judge's findings supported the conclusion that the defendant's conduct was unreasonable and that the plaintiffs were entitled to damages for the interference.

The judge found that the defendant's placement of items near the plaintiffs' property was intended to harass his neighbors and that the helicopter landings were made in disregard of public safety.

Conclusion

The Supreme Judicial Court affirmed the lower court's decision, awarding the plaintiffs $337,200 in damages and modifying the injunction to prevent unreasonable interference without being overly broad.

Affirmed as modified.

Who won?

The plaintiffs, John Rattigan and Jeffrey Horvitz, prevailed because the court found that the defendant's actions constituted a nuisance that significantly interfered with their property enjoyment.

The Supreme Judicial Court, Cowin, J., held that: … landowners could recover diminution of rental value as damages.

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