Bonapart & Associates Law and Mediation: Practical Solutions for an Impractical World

Verdicts and Settlements

REAL PROPERTY, Nuisance – Obstruction of Views

SETTLEMENT: Defendants agree to grant Plaintiffs permission to enter their property and remove 12 redwood trees in accordance with Plaintiffs’ arborist’s report. In addition, a defined view corridor deed restriction for Plaintiffs’ properties was established, which Defendants agreed to preserve through maintenance of the height of trees and vegetation on their property on an ongoing basis. Mediator was Gary T. Ragghianti, Esq.

CASE: J. Patrick Glagola, Robert Hart and Susan Hart v. David and Carol Thistlethwaite, Case No. CV 034803.

SETTLEMENTT DATE: August 18, 2004

ATTORNEYS: Plaintiffs- Barri Kaplan Bonapart (Bonapart & Associates, Sausalito)
Lawrence A. Baskin (Krause & Baskin, San Rafael)
Defendants- William C. Vencill (Nelson & Vencill, San Ramon)

EXPERTS: Plaintiffs- Raymond Moritz, arborist, Moritz Arboricultural Consulting, San Rafael
John W. Hamilton, real estate appraiser, Hamilton, Ricci & Associates, San Francisco

FACTS & CONTENTIONS: Defendants own a downhill property from Plaintiffs in Sausalito, CA. Before Defendants’ trees were allowed to grow uninhibited, Plaintiffs enjoyed relatively unobstructed views of Richardson Bay, Angel Island, and San Francisco Bay. Defendants’ trees grew to such excess that they significantly obstructed the views once enjoyed by Plaintiffs, in violation of the Sausalito View Ordinance and the CC&R’s of that particular housing subdivision. Plaintiffs filed an action for Injunctive and Declaratory relief requiring Defendants to comply with the controlling CC&Rs and/or Sausalito View Ordinance, and specifically to remove the offending trees or maintain their height so as to restore and preserve their views.



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