Robie v. Lillis

299 A.2d 155 (1972)

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Nature of the Case

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Facts

P obtained a temporary injunction preventing further construction of the boat shed in December 1968. A full hearing was held before the referee. D operates a boat repair, rental, and storage business about two miles from the boat storage shed in question. Ps claim that the existence and operation of the boathouse constitute a nuisance because the shed is the first and only commercial structure in what is otherwise a quiet, rural and residential area and that it is a blight upon the otherwise unscarred landscape. Ps allege that the 'heavy' trucking in and out of the boats in the spring and fall will cause unreasonable noise and dust and hazards to playing and bicycling children and other persons traveling along the narrow access road. Plaintiffs further contend that the value of their properties will depreciate if the boathouse is allowed to remain and its operation is allowed to continue. Finally, it is claimed that the presence of oil and gasoline in the boats and elsewhere on the premises will create an unreasonable fire hazard to the surrounding properties. The referee issued a decree denying the petition upon a ruling that no nuisance existed since the premises were being used for a reasonable purpose and in a reasonable manner. This appeal resulted.