Halliday v. Henry
Annotate this CaseIn 2013, Plaintiffs filed a complaint for statutory nuisance against Defendants, their neighbors, alleging that Defendants’ 2004 construction of a new home and garage resulted in damage to Plaintiffs’ home. Defendants moved for summary judgment on the grounds that Plaintiffs’ complaint was barred by the statute of limitations. The superior court granted Defendants’ motion on statute of limitations grounds without conducting a hearing. The Supreme Judicial Court affirmed, holding that the unopposed summary judgment record established that Plaintiffs’ complaint was barred by either the six-year limitations period for civil actions or the three-year limitations period for statutory nuisance claims.
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