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Stockade Fences In Lee Logan's Home

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Our client, Lee Logan, resides at 55 Bogus Hill Road, New Fairfield, Connecticut. Logan is concerned that his neighbors’ twelve-foot, wooden, stockade fence will damage his prize-winning dahlias and would like an injunction for its removal.
About year ago, the Prestons moved into the house adjacent to Logan’s home. When the Prestons went to introduce themselves, Logan was sick in bed and the maid greeted them instead. Logan believes this incident led the Prestons to think negative of him because he heard rumors that the Prestons were calling him a “rich snob.”
Logan’s house faces east, and the Prestons’ home is to the south. Between them, from east to west, is a twelve-foot wooden stockade fence installed by the Prestons. The fence is on …show more content…

The court has an eight-foot chain-link fence around it, and is ten yards from the property line next to Logan’s property. Since the tennis court was built, many balls cross over to Logan’s property. One day, a tennis ball traveled over the fence and split Logan’s prize-winning dahlias. Upon seeing the damage, Logan yelled, “keep your damn balls to yourself they are ruining my flowers.” Logan does not recall hearing any response from the neighbors.
Logan’s garden is important to him because he grows flowers competitively for showing. His dahlias have won the “Garden of the Lake” award three times. The Candlewood Yacht Club that his family founded sponsors the award. His competitive gardening is done as a hobby, and Logan does not receive money from it.
One night Logan went for a walk, next to the lake that borders his and the Prestons property. He noticed how refreshing the water looked and decided to skinny-dip. While Logan was skinny-dipping, the Prestons floodlights turned on. Logan yelled to the Prestons to turn the floodlight off, but they did not. Logan then yelled, “crude brute” to which he does not recall hearing a response. Two days later, the Prestons installed a twelve-foot high, wooden, stockade fence on the property line. According to Logan the fence is ugly; it obstructs the breeze and blocks sunlight from his

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