Tranfield v. Arcuni-EnglishAnnotate this Case
The Supreme Judicial Court affirmed the judgment of the superior court in favor of Richard Tranfield and Karla Doremus-Tranfield (the Tranfields) on their complaint alleging that Patricia Arcuni-English's installation of trees on the boundary line between the parties' properties constituted a nuisance under both common law and Maine's spite fence statute, Me. Rev. Stat. 17, 2801, holding that the court did not err.
The superior court determined that Arcuni-English's installation of trees on the parties' boundary line constituted a spite fence because her installation of more than thirty trees, which created a dense and continuous wall, was done with malice. The court ordered Arcuni-English to remove every other tree along the boundary line, remove the trees that were planted as an additional row to fill in gaps, and trim the trees to a height no greater than ten feet. The Supreme Judicial Court affirmed, holding (1) the court did not err in determining that the Transfields demonstrated that Arcuri-English had a dominantly malicious move; (2) the court did not err by finding that the height of the trees unnecessarily exceeded six feet; and (3) the court crafted a fair remedy based on its findings.