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REAL PROPERTY, Trespass/Nuisance: Other

SETTLEMENT: Equitable

CASE: Nevins v. Petrie No. CV051557

SETTLEMENT DATE: March 28, 2006

ATTORNEYS: Plaintiff --Barri Kaplan Bonapart (Bonapart & Associates, Sausalito).
Defendant: Martin J. Malkin, Law Offices of Martin J. Malkin, San Rafael.

EXPERTS: Plaintiff: Raymond F. Moritz, arborist, Moritz Arboricultual Consulting, Sausalito
(415) 256-1775.

Defendant: Dennis A. Yniguez, arborist, Tree Decisions, Berkeley (510) 649-9291.

FACTS & CONTENTIONS: According to plaintiff: Plaintiffs Donald Nevins, M.D., and Sheila Nevins, were neighbors of defendant Farideh Petri in the town of Tiburon, which has a view ordinance. Plaintiffs alleged that defendant's trees were allowed to grow to become an unreasonable obstruction pursuant to the town's view ordinance.

Defendant disagreed, desiring to keep her trees as a privacy screen between her property and her up-slope neighbors. She further contended that the trees were protected "heritage" trees.

SETTLEMENT DISCUSSIONS: Not reported.

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