A homeowner sued his neighbors for the privacy fence they put up, claiming it blocked his view.
Florida’s Craiger Scheuer claimed the structure was blockedfrom a pond that he could enjoy from his garden.
He initially won the case in court before the verdict was overturned and sent to the Florida Second Circuit Circuit Court of Appeals.
According to court documents, Scheuer complained to the housing association about his neighbors Luis Antonio-Beckett Morales and Sharon Talamantes-Santiago’s new fence The Miami Herald.
However, their fence application involved two designs – a structure that blocked Scheuer’s view and a fence that did not.
The housing association warned that the fence must conform to site guidelines.
Beckett-Morales and Santiago’s first fence was six-foot-tall white panels before being modified court documents.
Scheuer said that blocked his view and filed a lawsuit.
He claimed the fence was different from the plans submitted during the application phase.
His neighbors claimed that if the fence had not been altered, it would have been against policy.
Beckett-Morales and Santiago were ordered by the trial court to modify their fence, consistent with the plans originally presented, so that it would not block Scheuer’s view of the water.
However, the verdict was appealed and the trial court’s decision was eventually overturned.
Beckett-Morales and Santiago had claimed their neighbor failed to establish a measure within the guidelines they violated.
They insisted the modified fence did not violate guidelines.
Documents seen by The Herald ruled that the ordering of Beckett-Morales and Santiago to build a fence that exposes more of their property to their neighbors “unduly restricts the ability” to enjoy their garden.