First Reported Decision In Massachusetts On Private Nuisance and Para-Hang Gliding
Recently, I filed a very interesting and novel case involving private nuisance and paragliders which resulted in a favorable injunction ruling for my client. My clients have a beautiful home on Peaked Cliff in the Sagamore Highlands area of Plymouth/Bourne, overlooking Cape Cod Bay providing breathtaking views of ocean and cliffs. The home has a large back deck overlooking the ocean which the family uses frequently to enjoy the views and ocean.
With its high thermal wind activity, the area has become a hotbed for hang-gliders and para-gliders. Unfortunately, the gliders, most of whom are members of the New England Paragliding and Hang Gliding Club, have become increasingly reckless and belligerent. They have flown within feet of my clients’ home yelling and screaming obscenities and giving obscene finger gestures. On several instances, the gliders have crash landed on the grounds, and at least one glider crashed into the roof. One glider almost died when he crashed directly on the cliff, necessitating a complicated rescue operation. My clients daughters have complained that gliders have taken photographs of them through their bedroom windows and while lounging on the deck.
After many complaints and the issuance of no-trespass notices, the Club attempted to impose a “No-Fly” zone over my client’s home. However, it wasn’t enforced and the gliders kept harassing my clients, often starting flights at 6AM running through sunset. My client had enough, and asked me to file a lawsuit for private nuisance and trespass in Brockton Superior Court. We asked the Court to issue an injunction imposing a 150 foot no-fly zone around my client’s property.
A private nuisance occurs when someone “creates, permits or maintains a condition or activity on property that causes a substantial and unreasonable interference with the use and enjoyment of the property of…