Burk v. High Point Homes, Inc.

The owners of five homes and land in the Manetto Hills section of Plainview, Long Island, have brought this action to enjoin the defendant from conducting certain activities, on the defendant’s adjoining land. The plaintiff owners claim that the defendant’s activities in filling the abutting land with dirt, sand and other fill have caused this material to overrun the plaintiffs’ properties to the extensive damage of all five properties.

There are 15 causes of action which include not only a request for injunctive relief, but also for damages under the principles of trespass, nuisance and…