BUBIS v. KASSIN


878 A.2d 815 (2005)

184 N.J. 612

Sophie BUBIS and Alcides Ferreira, Plaintiffs-Appellants, v. Jack A. KASSIN and Joyce Kassin, husband and wife, Defendants-Respondents, and Board of Trustees of the Village of Loch Arbour, Defendant.

Supreme Court of New Jersey.

Decided August 10, 2005.


Attorney(s) appearing for the Case

Leonard S. Needle, Fair Haven, argued the cause for appellants.

David C. Apy, Newark, argued the cause for respondents (McCarter & English, attorneys).


Justice ZAZZALI delivered the opinion of the Court.

As this appeal illustrates, good fences do not always make good neighbors. Defendants' creation of an approximately eight-foot high sand berm, topped with six-foot tall trees, for the purpose of ensuring defendants' privacy, has bred extensive litigation and disharmony between these neighbors.

To finally resolve this ten-year-old dispute, we must determine whether the berm constitutes a fence for the purposes...

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