Treisman v. Kamen

The plaintiff appeals from an order dismissing a suit to enjoin the use of property in Bedford for a heliport, alleged to be a nuisance. In determining whether the plaintiff had proven that the defendant’s operation of the heliport caused a substantial and unreasonable interference with the plaintiff’s use of his property, the trial court considered the applicability of the local zoning ordinance to the defendant’s activity. We hold that the trial court erred in ruling as a matter of law that the terms of the zoning ordinance *374did not prohibit the use in question. We vacate the judgment below…