Alexander

The source of the underlying litigation in this case is a neighborhood dispute between plaintiffs Elaine M. and D. Steven Alexander and four other couples who live either adjacent to or across the street from the defendants Mary and William H. McKnight. In a nonjury trial the court determined the conduct of the McKnights warranted granting the plaintiffs equitable relief and damages of $28,000. The McKnights appeal only that part of the monetary award, $24,000, reflecting the court’s finding that the McKnights’ behavior caused the value of plaintiffs’ houses to be reduced by that amount. We conclude the court erred in awarding such damages. We explain this item of damages, in addition to the equitable relief granted to the plaintiffs, ordering the McKnights to either correct or cease their objectionable and/or unlawful activities, constitutes a double recovery. We therefore reduce the damages of $28,000 to $4,000. Because of the unique circumstances of this case we decide to remand for further proceedings so that plaintiffs may recover damages, to the extent they are so entitled, from the defendants’ conduct which may have caused the plaintiffs emotional distress.

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