Janice J. Cook & a. v. John D. Sullivan & a.

Summary

The court affirmed the superior court's determination that the defendants' construction activities created a private nuisance by diverting subsurface water and increasing wetness on the plaintiffs' property. It held that the wetlands agency's remediation proceeding did not bar the plaintiffs' superior-court claims because the agency was not acting in a judicial capacity and the plaintiffs lacked a full and fair opportunity to litigate. The court also upheld the exclusion of the complete agency file, the trial court's reliance on a demonstrative chart, and the injunction requiring removal of the house and fill because the record supported the nuisance finding and no less severe remedy would guarantee abatement.