Deraismes v. Ferguson

DECISION

This Court is asked, through various dispositive motions filed by the parties in this case, to interpret and apply the Rhode Island statute concerning "spite fences," R.I. Gen. Laws § 34-10-20, to determine the viability of a statutory claim for private nuisance filed by Plaintiffs Jack and Anne deRaismes against their neighbors, Defendants Bruce and Eleanor Ferguson. For the reasons set forth in this Decision, this Court first finds that the parties' properties are "adjoining" under the statute, as a matter of law, so as to give rise to a potential statutory action for private…