115 A.3d 86
Me.2015Background
- Neighbors on Green Lake in Dedham; boundary location disputed; no metes-and-bounds writing or survey until 2008; trial found no binding agreement on boundary; Cooks built a six-foot fence to shield from visible clutter; Rices built two fences, some portions exceeding six feet; Rices' activities (loud music, cameras, placement of trash and ladders) alleged to invade Cooks' use/enjoyment; trial court held fences were spite fences under 17 M.R.S. § 2801 and issued broad injunctions and damages of $5,000.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether there was a binding agreement on the boundary | Rices contend there was an agreement | Cooks deny any agreement or writing | No binding boundary agreement established |
| Whether fences were spite fences and nuisance | Fences necessary for privacy; not malicious | Fences exceeded six feet and were built to annoy | Fences found to be spite fences under § 2801 and nuisance |
| Whether injunctive remedy was proper | Remedies appropriate to enforce boundary and stop nuisance | Remedy overly intrusive and beyond necessity | Injunction deemed fair and limited to curtail nuisance and protect use of property |
| Whether damages were proper | Damages warranted for nuisance impact | Damages unjustified or excessive | Judgment awarding $5,000 affirmed |
| Whether survey/weight of evidence supported findings | Court should credit Rice testimony of boundary agreement | Court should credit Cook testimony and lack of writing | Court’s credibility determinations affirmed; no boundary agreement |
Key Cases Cited
- McClare v. Rocha, 2014 ME 4 (2014 ME 4) (clarity and definiteness required for contract formation; review for clear error)
- Forrest Assocs. v. Passamaquoddy Tribe, 760 A.2d 1041 (2000 ME 195) (standard for determining contract existence; defer to trial court’s credibility)
- State v. Ahmed, 909 A.2d 1011 (2006 ME 133) (court may assess witness credibility and evidentiary weight)
- Peters v. O’Leary, 30 A.3d 825 (2011 ME 106) (impact of vegetation or structures on nuisance and ‘unnecessarily’)
- Handrahan v. Malenko, 12 A.3d 79 (2011 ME 15) (courts may reject uncontradicted testimony; credibility matters)
- Eaton v. Cormier, 748 A.2d 1006 (2000 ME) (injunction review for abuse of discretion; courts tailor remedies)