Allison v. Barberry Homes, Inc.

Plaintiff Cheryl Allison has brought the present action alleging that defendant’s replication of wetlands on adjacent property constitutes a nuisance because it will have the effect of subjecting a portion of plaintiffs property to environmental regulation. Defendant has moved for summary judgment on the ground that its replication of the wetlands pursuant to a Department of Environmental Protection Superseding Order of Conditions cannot, as a matter of law, be deemed a nuisance. For the following reasons, defendant’s motion for summary judgment is ALLOWED.

Facts

Plaintiff Cheryl Allison is the…