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Burke v. Smith: Difference between revisions
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* Burke planned to rent out the 2 houses on his parcel. | * Burke planned to rent out the 2 houses on his parcel. | ||
* Smith built 2 11-foot '''spite fence'''s between his & Burke's parcel. | * Smith built 2 11-foot '''spite fence'''s between his & Burke's parcel. | ||
|procedural_history=* Burke sued Smith seeking to remove Smith's spite fences. | |procedural_history=*Burke sued Smith seeking to remove Smith's spite fences. | ||
* Burke argued that he had an [https://www.quimbee.com/keyterms/easement-of-light-and-air easement of light & air]. | *Burke argued that he had an [https://www.quimbee.com/keyterms/easement-of-light-and-air easement of light & air]. | ||
* | |||
|arguments=* Burke argued that the spite fences lowered his property values. | |||
* Smith argued for his own privacy; he argued that he didn't want anyone to look into his windows. | |||
|case_text_links={{Infobox Case Brief/Case Text Link | |case_text_links={{Infobox Case Brief/Case Text Link | ||
|link=https://case-law.vlex.com/vid/burke-v-smith-897017577 | |link=https://case-law.vlex.com/vid/burke-v-smith-897017577 | ||
Revision as of 20:26, March 4, 2024
| Burke v. Smith | |
| Court | Michigan Supreme Court |
|---|---|
| Citation | 37 N.W. 838,69 Mich. 380 |
| Date decided | April 20, 1888 |
Facts
- Mr. Burke built 2 houses on 1 parcel in Kalamazoo, Michigan.
- Burke's houses were less than 2 feet away from Mr. Smith's parcel.
- Burke planned to rent out the 2 houses on his parcel.
- Smith built 2 11-foot spite fences between his & Burke's parcel.
Procedural History
- Burke sued Smith seeking to remove Smith's spite fences.
- Burke argued that he had an easement of light & air.
Arguments
- Burke argued that the spite fences lowered his property values.
- Smith argued for his own privacy; he argued that he didn't want anyone to look into his windows.
