Charette v. Pezza

DECISION

This matter was tried before the Court without a jury on Plaintiffs' Complaint alleging that the use of an outdoor wood-burning hydronic heater ("OWB") operating on and servicing Defendants' property in Foster, Rhode Island, constitutes a private nuisance and a continuing trespass. Plaintiffs also contend that Defendants are liable for negligence in the operation of the OWB, which is located across the street from Plaintiffs' residence. Plaintiffs seek a permanent injunction1 to enjoin Defendants from operating the OWB in any manner. The trial proceeded on liability only, with the…