Tranfield v. Arcuni-English

215 A.3d 222 (2019)

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Tranfield v. Arcuni-English

Maine Supreme Judicial Court
215 A.3d 222 (2019)

Facts

Richard Tranfield and Karla Doremus-Tranfield (plaintiffs) purchased property directly uphill from property owned by Patricia Arcuni-English (defendant). The day the Tranfields moved in, Richard took some of Arcuni-English’s firewood without permission, immediately establishing a strained relationship between the neighbors. The relationship worsened when Richard removed a tree on his property. Arcuni-English confronted Richard, angrily stating that he should have consulted his neighbors and threatening to put up a 10-foot fence that would block the Tranfields’ partial ocean view. Later, while Arcuni-English was out of town, the Tranfields cleared debris and deadwood on their property. The result was that their house became visible from Arcuni-English’s property, severely upsetting Arcuni-English. At Arcuni-English’s instruction, her landscaper installed a row of dense trees 10 to 12 feet tall along the boundary line and added a second row to fill in any gaps. The trees completely obstructed the Tranfields’ ocean view. The Tranfields filed suit against Arcuni-English, alleging that the trees constituted a private nuisance and seeking both damages and injunctive relief. The trial court held in the Tranfields’ favor, holding that Arcuni-English could have used fewer, shorter trees to protect her privacy interest but instead planted a dense wall of tall trees to maliciously block the Tranfields’ view. The court ordered Arcuni-English to remove every other tree in the boundary-line row, remove the additional row planted to fill in gaps, and keep the remaining trees trimmed to no more than 10 feet tall. Arcuni-English appealed to the Maine Supreme Judicial Court.

Rule of Law

Issue

Holding and Reasoning (Mead, J.)

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