Sundowner, Inc. v. King

509 P.2d 785 (1973)

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Sundowner, Inc. v. King

Supreme Court of Idaho
509 P.2d 785 (1973)

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Facts

In 1968, the Kings (defendant), owners of an Idaho motel, built a large fence between their motel property and that of the adjoining Desert Inn motel. The Desert Inn motel was owned by Sundowner, Inc. (Sundowner) (plaintiff). The fence obscured approximately 80 percent of the Desert Inn motel and restricted air and light to its rooms. Sundowner brought suit seeking damages and the removal of the fence. The trial court, finding the fence was erected out of spite and in violation of a municipal ordinance, ordered the fence reduced. The Kings appealed to the Supreme Court of Idaho, arguing the trial court erred in requiring partial abatement of the fence on the ground that it was erected out of spite.

Rule of Law

Issue

Holding and Reasoning (Shepard, J.)

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