Rattigan v. Wile

This matter involved two adjacent, oceanfront parcels. The plaintiffs, Mr. Ratigan and Mr. Horvitz, owned one, and the defendant, Mr. Wile owned the other. The plaintiffs’ parcel, known as Edge Water, contained a large luxurious residence, pool, and manicured grounds. The defendants parcel was undeveloped. Both the plaintiffs and the defendant acquired their property at foreclosure auctions, the defendant outbid the plaintiffs for his parcel. The plaintiffs, in 1992, brought actions seeking determinations that the defendant did not enjoy a right of way through Edgewater, and that the defendant’s land was not buildable under the Beverly zoning laws. These suits were both unsuccessful, but the plaintiffs viewed those suits and later interactions with city officials as harassment. In 1999, the plaintiffs successfully challenged the defendant’s building permit, and the campaign of retaliation began. Between August, 1999, and July, 2003, the defendant placed numerous unusual objects at the edge of his lot on the boundary with plaintiffs’ property. These objects included: broken concrete blocks, used pipe, rusted metal components, and a large crane bucket. Later the defendant added a large metal shipping container. The plaintiffs proceeded to erect barriers to block the view of these objects, eventually resulting in the construction of a six-foot tall fence. The defendant responded by moving the objects to keep them in view. In 2001, and 2002, the defendant placed several portable toilets near the boundary line between his and the plaintiffs’ property, near the plaintiffs’ pool. This caused an offensive odor in the plaintiffs’ pool area. The defendant carried on with acts of this sort including erected a massive tent to block sunlight to the pool, and the hosting of a 200 person pool party. To top it all off, the defendant also used his land as a heliport. On, at least, two occasions debris caused by the helicopter landing and taking off struck members of the plaintiffs’ household. Finally, the plaintiffs filed suit in 2001, obtaining preliminary injunctions against the defendants use of his helicopter and harassing behaviors. In the main trial the plaintiffs won damages for abatement and diminishment in property value.