Agenda - Planning Commission - 10/06/2005

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Page 4 -- September 25, 2005 residential and hospital uses. The city told the Center it was lYee to maintain and improve the easement at its own expense. The Center decided to do so. Conlde, a neighboring property owner, sued. The court ruled in favor of the Center. Conlde appealed, arguing he deserved an injunction, or court order, stop- ping the Center's improvement of the easement. DECISION:Affirmed. Because Conlde did not allege or offer any proof that the Center's Plans would especially damage him, he could not sue the Center. Under local law, a person seeking an injunction against another had to show he was not merely damaged, but "especially damaged" by a zoning viola- tion. Diminished property value wa~ enough to demonstrate special damage; however, traffic concerns were shared equally by the public and did not show special damage to any one' individual. Conlde provided no evidence of diminished property value, He simply claimed the Center ignored citizen input on speed bumps, traffic signs, and other ways to maintain the peace and safety of the neighborhood. He also claimed "busy traffic activity" went on at the Center, and the Center's use of heavy construc- tion equipment changed the drainage and flow of water around the neighboring roadway. None of these claims addressed diminished property values. Thus, Conlde failed to show he was especially damaged. see also: Jenkins v. Gallipolis, 715 N.E. 2d 196 (1998). see also: Ameigh v. Baycliffs Corp.,'7t2 N.E. 2d 784 (1998). Restrictive Covenant -- Beach neighborhood prohibits large fences ' Property owner claims large berm around property is allowable dune, not illegal fence Citation: Bubis v. Kassin, Supreme court of New J. ersey, No. A-44 September Term 2004 (2005) NEW JERSEY (08/10/05) -- In 1978, BuNs purchased property across the street from the beach. Prior to 1995, BuNs could view the beach and ocean from her home. In 1995, Kassin bought the property across the street from Bubis. Later that year, he erected a large sand berm behind the existing chain-link fence. He topped the berm with shrubs and trees. The berm prevented BuNs from viewing the beach and .ocean from her home. An 1887 restrictive covenant prohibited'the construction of fences higher than four feet. However, Kassin had built his berm under a permit from the Department of Environmental Protection, which allowed him to build a protec- tive dune for the beach. Bubis sued, claiming that although Kassin had received a permit to create 2005 Ouinlan Publishing Group. ,&ny reproduction is prohibited. For more information please call (617) 542-0048,