Property Law Keyed to Cribbet
Prah v. Maretti
ProfessorTodd Berman
CaseCast™ – "What you need to know"
Facts
When the Plaintiff learned of Defendant’s proposed house location, Plaintiff complained to the Defendant that his house would cause interference with his home. However, Defendant continued with the building plans. The two parties live in a neighborhood, which has an Architectural Control Committee. The Plaintiff’s home was the first built in the neighborhood. Defendant’s home plans were submitted and approved as to its location on the lot, but Defendant changed the grade of the lot without notice to the Architectural Control Committee. Plaintiff sued Defendant to prevent Defendant from building his house. The lower court granted Defendant’s Motion for Summary Judgment ruling that the complaint did not state a claim upon which relief could be granted. Plaintiff appealed.
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