Dowdell v. Bloomquist

Citation847 A.2d 827 (R.I. 2004)

Brief Fact Summary.

Bloomquist appealed the judgment of the trial court that found that Bloomquist planted 40-foot trees in his backyard to spite his neighbor.

Synopsis of Rule of Law.

A row of trees can be considered a fence within the parameters of a nuisance statute.

Bloomquist sought to build a second story on his home, and his neighbor, Dowdell, objected to the addition because the second story would block her ocean view. Bloomquist then planted 40-foot trees to block Dowdell’s view from her house, in violation of a local spite-view statute. The trial court granted judgment in favor of Dowdell.

Issue.

Whether a row of trees can be considered a fence within the parameters of a nuisance statute?

Held.

Yes. Spite trees are equally as illegal as spite fences. The judgment of the trial court is affirmed.

Points of Law - for Law School Success

When a statute does not plainly provide for a private cause of action for damages, such a right cannot be inferred.

View Full Point of Law

(Flanders, J.) The court only had the power to grant damages, rather than injunctive relief.

Discussion.

Planting a row of trees in close proximity is considered a hedge. A hedge is considered a fence under the statute.