Manuel v. Cresleigh Homes
In this action for injunctive relief and damages, plaintiffs seek to stop defendant Cresleigh Homes Corporation from building two-story houses on lots that abut the backyards of plaintiffs one-story houses. Plaintiffs assert that the construction of two-story houses on those lots violates a specific plan that governs development in the area (the Buttes Vista Neighborhood Plan or the plan). Plaintiffs also assert that the construction constitutes a private nuisance and an actionable invasion of privacy. The trial court granted plaintiffs application for a preliminary injunction to halt construction pending trial, and the case is now before us on appeal from that order.
In determining whether the trial court abused its discretion in issuing a preliminary injunction, Court must consider the likelihood that plaintiffs will succeed on the merits. On consideration of that issue, we conclude that: (1) Cresleighs construction of two-story houses on the lots at issue here would not violate the Buttes Vista Neighborhood Plan; (2) because Cresleighs construction is authorized by permit, is consistent with the plan, and has not been shown (or even alleged) to violate any other law, that construction cannot be deemed a nuisance; and (3) the lawful construction of a two story house does not constitute an actionable invasion of privacy simply because the house overlooks the backyard of one or more adjacent one story houses. In light of these conclusions, we conclude that plaintiffs have demonstrated no possibility of success on the merits, and therefore the trial court abused its discretion in issuing a preliminary injunction. Accordingly, Court reverse the order granting that injunction.
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