SmartBrief
Confirm favorite deletion?
Remedies Keyed to Kovacic-Fleischer, 8th
Dowdell v. Bloomquist
Citation:
847 A.2d 827 (2004)Facts
The parties owned adjoining one-acre lots in Charlestown, Rhode Island, with Dowdell’s home situated at a higher elevation affording a distant ocean view over Bloomquist’s property. The parties initially enjoyed an amicable relationship when Bloomquist’s mother owned the neighboring property. In June 2000, Bloomquist acquired the home from his mother. Relations deteriorated in fall 2000 when Bloomquist petitioned for a zoning variance to build a second-story addition, which Dowdell opposed fearing it would compromise her ocean view. After six months of contentious zoning board proceedings, in March 2001 Bloomquist began clearing land and digging holes. In April, his counsel sent a trespass warning letter to Dowdell. In May 2001, one day after the zoning board closed its hearing on the variance request, Bloomquist planted four western arborvitae trees capable of growing to seventy feet in height in a row directly behind existing smaller eastern arborvitae trees on Dowdell’s property. Expert testimony established that the forty-foot trees blocked light to Dowdell’s second and third-story windows and depreciated her property value by as much as $100,000.
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- The Brief Prologue provides necessary case brief introductory information and includes:
Topic:
Identifies the topic of law and where this case fits within your course outline.Parties:
Identifies the cast of characters involved in the case.Procedural Posture & History:
Shares the case history with how lower courts have ruled on the matter.Case Key Terms, Acts, Doctrines, etc.:
A case specific Legal Term Dictionary.Case Doctrines, Acts, Statutes, Amendments and Treatises:
Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
Brief Facts:
A Synopsis of the Facts of the case.Rule of Law:
Identifies the Legal Principle the Court used in deciding the case.Facts:
What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case.Issue(s):
Lists the Questions of Law that are raised by the Facts of the case.Holding:
Shares the Court's answer to the legal questions raised in the issue.Concurring / Dissenting Opinions:
Includes valuable concurring or dissenting opinions and their key points.Reasoning and Analysis:
Identifies the chain of argument(s) which led the judges to rule as they did.
- The Brief Prologue closes the case brief with important forward-looking discussion and includes:
Policy:
Identifies the Policy if any that has been established by the case.Court Direction:
Shares where the Court went from here for this case.