California Court of Appeal

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WILSON v. HANDLEY, C038341

Construing California's spite fence statute, Civil Code section 841.4, liberally, a row of trees can be a "fence or other structure in the nature of a fence," and thus can be a spite fence; whether the row of trees at issue in this case is a spite fence is a matter for the trial court to determine in the first instance.

Appellate Information

  • Decided 04/30/2002
  • Published 04/30/2002

Judges

  • ROBIE, J.

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  •  Law Office of James L. Pierce and James L. Pierce, Mount Shasta, for Plaintiffs and Appellants.

  • For Appellees:
  • Moss & Enochian and Mark D. Norcross, Redding, for Defendants and Respondents.
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