Burke v. Smith
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| 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.
Holding
No; a property owner may not use the property in a way to intentionally injure a neighbor's rights if that use is undertaken strictly for malicious purposes and provides the owner with no benefit.
Judgment
Affirmed
Comments
- 2 justices dissented in this ruling.
