Peters v. O'Leary
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Edgar and Sheryl Peters owned a parcel of land that abutted and was uphill from oceanfront property owned by Richard O'Leary. After a series of disputes with the Peterses, O'Leary planted a row of at least seventy-four trees near the parties' boundary, which obstructed ocean views from the Peterses' newly constructed home. The Peterses sued O'Leary. The superior court found that O'Leary had created a nuisance pursuant to Maine's spite fence statute and the common law and granted injunctive relief to the Peterses. The Supreme Court affirmed, holding that the circuit court did not err in finding that O'Leary created a nuisance pursuant to the spite fence statute because (1) the plantings created a structure in the nature of a fence, and (2) the evidence was adequate to support a finding that O'Leary maintained the structure for the purpose of annoying the Peterses.
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