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Rice v. Cook

Supreme Judicial Court of Maine

May 5, 2015

ROBERT L. RICE et al.
v.
JAMES C. COOK et al

Argued April 8, 2015.

Judgment affirmed.

On the briefs:

Edmond J. Bearor, Esq., and Jonathan P. Hunter, Esq., Rudman Winchell, Bangor, for appellants Robert L. and Carol P. Rice.

Daniel A. Pileggi, Esq., Roy, Beardsley, Williams & Granger, LLC, Ellsworth, for appellees James C. Cook and Carol Greenleaf-Cook.

At oral argument:

Jonathan P. Hunter, Esq., for appellants Robert L. Rice and Carol P. Rice.

Daniel A. Pileggi, Esq., for appellees James C. Cook and Carol Greenleaf-Cook.

Panel: SAUFLEY, C.J., and ALEXANDER, MEAD, GORMAN, JABAR, and HJELM, JJ.

OPINION

Page 87

GORMAN, J.

[¶1] Robert L. Rice and Carol P. Rice appeal from a judgment entered by the Superior Court (Hancock County, Anderson, J. ) granting James C. Cook and Carol Greenleaf-Cook injunctive relief and monetary damages. The Rices contend that (1) the court erred in finding that the parties did not reach an agreement regarding their common boundary line, (2) the court erred in finding that the Rices' fences were " unnecessarily high" pursuant to 17 M.R.S. § 2801 (2014) or " unreasonably interfered" with the Cooks' use and enjoyment of their property pursuant to a common law theory of nuisance, and (3) the court abused its discretion in enjoining the Rices from building a fence of any height along a portion of their boundary with the Cooks. We affirm the judgment.

I. BACKGROUND

[¶2] On February 24, 2012, Robert L. Rice and Carol P. Rice filed a complaint in the Superior Court against ...


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