Hugh K. Evans v. Lochmere Recreation Club, Inc.

Notable Items:

Issue(s) Before the Court:

Appellant's Claim(s):

Appellee's Claim(s):

Holding(s) and Disposition:

Material Facts:

• Instant civil action initiated in December 2004, alleging that each summer from May to September 1998-2004, LSTC operated their club in a manner to create a nuisance.
• Evans claim that the trial court erred in dismissing their claim.
• A full recounting of the facts is available below

Procedural History:

• In 1998, Lochmere Recreation Club, Inc. acquired the property from LSTC.
• Instant civil action initiated in December 2004, alleging that each summer from May to September 1998-2004, LSTC operated their club in a manner to create a nuisance.
• In January 2005, LSTC moved to dismiss.
• In April 2005, LSTC's motion to dismiss was granted.
• Evans's appealled.

Rationale

Majority Opinion

• In considering a 12(b)(6) motion to dismiss, the trial court must determine whether the factual allegations in thje complaint state a claim for relief.
• Plaintiff must state the "substantive elements of a legally recognized claim" in order to survive a 12(b)(6) motion to dismiss.
• Plaintiff must allege "sufficent facts from which it may be determined what liability forming conduct is being complained of and what injury the plaintiffs have suffered"
• When hearing a 12(b)(6) motion to dismiss, the trial court must take the complaint's allegations as true and determine whether they are "sufficient ... relief may be granted under some legal theory"
• Plaintiff alleges that defendant "has used amplified sound from speakers aimed directly at [plaintiff's] premises."
• "can be clearly heard in plaintiff's home even with all plaintiff's doors and windows closed and their television playing"
• Affirmed in part, reversed in part, remanded for further proceedings on plaintiff's claim of private nuisance.
• A full description of the rationale is available below

Full Recounting of Facts

• In 1994, Evans filed suit against MacGregor Development Co. and Lochmere Swim & Tennis Club, Inc. (LSTC) claims noise from speakers and crowds interfered with the use of their own property.
• At trial, jury found in favor of Evans and awarded him $50k in compensatory damages and $135k in punitive damages.
• Trial court granted a permanent injunction and restraining order against MacGregor and LSTC to reduce noise encroachment on Evans's property.
• Judgement affirmed on appeal.
• In 1998, Lochmere Recreation Club, Inc. acquired the property from LSTC.
• Instant civil action initiated in December 2004, alleging that each summer from May to September 1998-2004, LSTC operated their club in a manner to create a nuisance.
• In January 2005, LSTC moved to dismiss.
• In April 2005, LSTC's motion to dismiss was granted.
• Evans's appealled.
• A list of the material facts is available above

Majority Full Argument

• Evans claim that the trial court erred in dismissing their claim.
• In considering a 12(b)(6) motion to dismiss, the trial court must determine whether the factual allegations in thje complaint state a claim for relief.
• Plaintiff must state the "substantive elements of a legally recognized claim" in order to survive a 12(b)(6) motion to dismiss.
• Plaintiff must allege "sufficent facts from which it may be determined what liability forming conduct is being complained of and what injury the plaintiffs have suffered"
• When hearing a 12(b)(6) motion to dismiss, the trial court must take the complaint's allegations as true and determine whether they are "sufficient ... relief may be granted under some legal theory"
• Plaintiff alleges that defendant "has used amplified sound from speakers aimed directly at [plaintiff's] premises."
• "can be clearly heard in plaintiff's home even with all plaintiff's doors and windows closed and their television playing"
• Affirmed in part, reversed in part, remanded for further proceedings on plaintiff's claim of private nuisance.
• The core of the rationale is available above