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Insabella v. Board of Education of the Borough of Tenafly

A-6528-00T3 (N.J. Super. App. Div. 2002) (Unpublished)

NUISANCE— Children at play are sometimes noisy and often curious; therefore if a person moves next to a school, he can’t complain about a playground located near his home.

The owner of a single family house adjacent to school property sued the local board of education because the board “installed a set of playground equipment on its own property but within about fifteen feet” of his property line. He complained about the noise the children made when they played and asserted that it constituted a nuisance. He asked the Court to order the board to relocate the equipment further away from his property. The lower court dismissed his complaint and the Appellate Division agreed, adding these comments: “Children at play are sometimes noisy and often curious. That is why some people prefer not to reside close to school property. Plaintiff chose over twenty years ago to live next to this school. ... Thus, it hardly could have come as a surprise that children might play outside and act like children.” The board was entitled to erect the playground equipment on its property.

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