Rattigan v. Wile

We conclude in this appeal that activities on one’s property that create or maintain unreasonable aesthetic conditions for neighbors are actionable as a private nuisance. We need not reach the merits of the defendant’s res judicata claim because it was not pleaded below. The judge properly awarded damages and issued an injunction, although we modify both slightly.

Facts. This case comes to us after a long history of litigation between the parties that culminated in a jury-waived trial in the Superior Court. We recite the facts found by the judge, supplemented as necessary by other undisputed…