Cline v. Berg

OPINION BY Justice CYNTHIA D. KINSER.

Roy C. Berg, Jr. (Berg), filed a bill of complaint against Thomas S. Cline and Teresa B. Cline (the Clines), seeking an injunction requiring the Clines to dismantle and remove a 32-foot high, 200-foot long fence constructed of utility poles and plastic wrap because it unreasonably interfered with Berg's use and enjoyment of his real property. After hearing evidence ore tenus, the circuit court held the fence was a private nuisance and ordered the Clines to remove it. We, however, conclude the circuit court abused its discretion in granting injunctive…