Dowdell v. Bloomquist
Rhode Island Supreme Court
847 A.2d 827 (2004)
- Written by Eric Cervone, LLM
Facts
Cheryl Dowdell (plaintiff) lived next door to Peter Bloomquist (defendant). Bloomquist petitioned the local zoning board for permission to build a second story on his home. Dowdell protested, fearing the addition would block her ocean view. Bloomquist then planted a row of 40-foot high trees along his property line, blocking most of the incoming sunlight from reaching Dowdell’s windows. Dowdell sued Bloomquist, alleging that Bloomquist only planted the trees to get revenge against Dowdell, in violation of a local spite-fence statute. The trial court found that Bloomquist had planted the trees out of spite and with malicious intent. The trial court then granted Dowdell injunctive relief. Bloomquist appealed.
Rule of Law
Issue
Holding and Reasoning (Flaherty, J.)
Concurrence/Dissent (Flanders, J.)
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