 |
Wiki Law School will soon be moving! Please update your bookmarks. Our future address is www.wikilawschool.org |
Burke v. Smith: Difference between revisions
From wikilawschool.net. Wiki Law School does not provide legal advice. For educational purposes only.
No edit summary |
No edit summary |
||
| Line 10: | Line 10: | ||
|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]. | ||
*Burke won. | |||
* | * | ||
|issues=May a property owner use the property in a way to intentionally injure a neighbor's rights if that use is undertaken strictly for malicious purposes & provides the owner with no benefit? | |||
|arguments=* Burke argued that the spite fences lowered his property values. | |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. | * Smith argued for his own privacy; he argued that he didn't want anyone to look into his windows. | ||
Revision as of 20:30, 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.
- Burke won.
Issues
May a property owner use the property in a way to intentionally injure a neighbor's rights if that use is undertaken strictly for malicious purposes & provides the owner with no benefit?
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.
