Legal Opinion
Bubis v. Kassin
Supreme Court of New Jersey
Decided August 10, 2005PublishedCited by 31 opinions
1Opinion of the CourtJustice Zazzali
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 of applying a restrictive covenant and a local zoning ordinance. Because the berm is a fence that is more than six feet tall, we conclude that it violates both the restrictive covenant…
2Cases cited16 opinions
- Summer v. Township of TeaneckSupreme Court of New Jersey · 1969
- Overlook Terrace Management Corp. v. Rent Control Board of West New YorkSupreme Court of New Jersey · 1976
- In Re the Distribution of Liquid Assets Upon Dissolution of the Union County Regional High School District No. 1Supreme Court of New Jersey · 2001
- Lusardi v. Curtis Point Property Owners Ass'nSupreme Court of New Jersey · 1981
- Rumson Estates, Inc. v. Mayor of Fair HavenSupreme Court of New Jersey · 2003
11 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Pond Run Watershed Ass'n v. Tp. of Hamilton Zoning Bd.New Jersey Superior Court Appellate Division · 2008
- Finkel v. Township Committee of the Township of HopewellNew Jersey Superior Court Appellate Division · 2013
- In Re Riverview Development, LLCNew Jersey Superior Court Appellate Division · 2010
- Bor. of Avalon v. Nj Dept. of Environmental ProtectionNew Jersey Superior Court Appellate Division · 2008
- Hackensack Riverkeeper, Inc. and ny/nj BaykeeperNew Jersey Superior Court Appellate Division · 2015
26 more not listed; retrieve them via the Exa API.