Here is a 2005 California case:
Stabile v. Wolf
Cal.Rptr.3d, 2005 WL 1744552, Cal.App. 2 Dist.,2005.
While the trial court gave summary judgment to the defendant, the appeal court reversed and remanded for determination of proper injunction and damage, on the basis (the appeal court ruling):
The Civil Code provides that fences, and other structures in the nature of a fence, that are unnecessarily higher than 10 feet and that are maliciously erected or maintained for the purpose of annoying the owner or occupant of adjoining property, constitute a private nuisance and if the owner or occupant of the adjoining property is injured either in his comfort or the enjoyment of his estate by such a nuisance, he has remedies against its continuance, including a civil action and abatement. (Civ.Code, § 841.4, 3501-3503.) In Wilson v. Handley (2002) 97 Cal.App.4th 1301 (Wilson ), the court ruled that "[a] row of trees planted along or near the property line between adjoining parcels to separate or mark the boundary between the parcels is a 'structure in the nature of a fence' and may be a spite fence under section 841.4 if the other elements of the spite fence statute--unnecessary height above 10 feet and dominant purpose of annoying the neighbor--are met.
Consult a laywer in your jurisdiction if you will to find out if your jurisdiction has silimar case precedent. Cases in other jurisdictions do not have binding power in your particular jurisdiction.
Stabile v. Wolf
Cal.Rptr.3d, 2005 WL 1744552, Cal.App. 2 Dist.,2005.
While the trial court gave summary judgment to the defendant, the appeal court reversed and remanded for determination of proper injunction and damage, on the basis (the appeal court ruling):
The Civil Code provides that fences, and other structures in the nature of a fence, that are unnecessarily higher than 10 feet and that are maliciously erected or maintained for the purpose of annoying the owner or occupant of adjoining property, constitute a private nuisance and if the owner or occupant of the adjoining property is injured either in his comfort or the enjoyment of his estate by such a nuisance, he has remedies against its continuance, including a civil action and abatement. (Civ.Code, § 841.4, 3501-3503.) In Wilson v. Handley (2002) 97 Cal.App.4th 1301 (Wilson ), the court ruled that "[a] row of trees planted along or near the property line between adjoining parcels to separate or mark the boundary between the parcels is a 'structure in the nature of a fence' and may be a spite fence under section 841.4 if the other elements of the spite fence statute--unnecessary height above 10 feet and dominant purpose of annoying the neighbor--are met.
Consult a laywer in your jurisdiction if you will to find out if your jurisdiction has silimar case precedent. Cases in other jurisdictions do not have binding power in your particular jurisdiction.