Homeowner Sues Neighbor and HOA over Obstructed View Created From Neighbors Construction of Pool House

Homeowner sues neighbor over a dispute between two neighbors in a common interest community over the construction of a pool house by one of the neighbors that the other neighbor contended interfered with the view from the neighboring property. The neighbors who contended the pool house interfered with their view contended that the construction of the pool house constituted a breach of the governing documents for the homeowners association and also that it constituted a private nuisance by unreasonably interfering with the enjoyment of their property and thereby causing a reduction in their property’s value.  The neighbors claiming to have been damaged by construction of the pool house brought suit against both the neighbors who were constructing the pool house and their homeowners association for wrongfully approving the construction of the pool house. North Dakota Supreme Courtstate decision (December 7, 2017)