[AppyPappy]

In that case, the owner did not lower the level for the express purpose of selling new lots. In this case, the owner BUILT the fence to stop people from enjoying the view and then offered to SELL them the right to their view. The fence was built purposefully to DENY people the use of their property (ie a view they previously enjoyed).

You can build a fence to keep your dog in. You cannot build one to purposefully hurt your neighbor. You cannot purposefully build an ugly fence in order to hurt your neighbor's resale value.

[freedomcrusader]

offered to SELL them the right to their view.

No, he is selling them land. Not rights, not a view.

[Sloth]

You cannot purposefully build an ugly fence in order to hurt your neighbor's resale value.

Why not? Because it doesn't make you feel good? That's a nice basis for law.

[freedomcrusader]

The fence was built purposefully to DENY people the use of their property (ie a view they previously enjoyed).

The view was never theirs. It was the p[roperty of the developers, and now it is the property of this opportunist. They can purchase and secure ownership of the view for one-tenth what they paid for the property and view they DO own.

[NittanyLion]

You can build a fence to keep your dog in. You cannot build one to purposefully hurt your neighbor.

"Purposefully hurt your neighbor"? What kind of standard is that? What if he plants a row of trees to "purposefully hurt his neighbor"? Is that okay, and who gets to decide? You?

[NativeNewYorker]

You cannot purposefully build an ugly fence in order to hurt your neighbor's resale value.

This strikes me as parallel to hate crime laws that try to divine the mental state of someone.

I think this whole thing is nuts, but private property IS private property, and the homeowners are guilty of not being vigilant.