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Univ. of Kentucky College of Law

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Thursday, October 6, 2005

If You Love Spite Fence Cases . . .

as I do, then you should check out Dowdell v. Bloomquist, 847 A.2d 827 (RI 2004).  Bloomquist applied to the Charlestown Zoning Board of Review for a variance to build a second story for his home.  Neighbor Dowdell opposed the application, citing concerns about her view of the Atlantic Ocean.  Relationship between Dowdell and Bloomquist deteriorated.  Bloomquist planted a row of four forty-foot-high western arborvitae blocking Dowdell's view of the water.  A big issue in the case was whether the trees constituted a "fence" within the meaning of the Rhode Island spite fence statute.  The statutory definition of a fence includes a hedge, and the trial court heard expert testimony(!) on whether the trees were a hedge.  The trial court held that they were a hedge, and the Supreme Court of RI affirmed, apparently consistent with a California case on the same issue.

Ben Barros

http://lawprofessors.typepad.com/property/2005/10/if_you_love_spi.html

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