RATTIGAN v. WILE


445 Mass. 850 (2006)

JOHN E. RATTIGAN, JR., trustee, & another, v. EVAN WILE, individually & as trustee.

Supreme Judicial Court of Massachusetts, Essex.

January 25, 2006.


Attorney(s) appearing for the Case

Sander A. Rikleen (John J. Griffin, Jr., with him) for the defendant.

John Connolly, Jr. (Kevin P. Geaney with him) for the plaintiffs.

Present: Marshali., C.J., Greaney, Ireland, Spina, Cowin, & Cordy, JJ.


COWIN, J.

We conclude in this appeal that activities on one's property that create or maintain unreasonable aesthetic conditions for neighbors are actionable as a private nuisance. We need not reach the merits of the defendant's res judicata claim because it was not pleaded below. The judge properly awarded damages and issued an injunction, although we modify both slightly.

Facts. This case comes to us after...

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