SUNDOWNER, INC. V. KING
509 P.2d 785 (1973)
NATURE OF THE CASE: King (D), property owners, appealed a judgment for Sundowner (P),
adjacent property owner, which ordered a partial abatement of a spite fence erected between
two adjoining motels on the properties.
FACTS: In 1966 Bushnell sold a motel to Ds. Bushnell then built another motel, the Desert
Inn, on property immediately adjoining that sold to Ds. Ds brought an action against
Bushnell based on alleged misrepresentations. In 1968 Ds built a large structure, variously
described as a fence or sign, some 16 inches from the boundary line between the properties.
The structure is 85 ft. in length and 18 ft. in height. It is raised 2 ft. off the ground
and is 2 ft. from the Desert Inn building. It parallels the entire northwest side of the
Desert Inn building, obscures approximately 80% of the Desert Inn building and restricts the
passage of light and air to its rooms. P sued seeking damages and injunctive relief
compelling the removal of the structure. The district court found that the structure was
erected out of spite and that it was erected in violation of a municipal ordinance. The
trial court ordered the structure reduced to a maximum height of 6 ft. Ds appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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