Verdicts and Settlements
REAL PROPERTY, Nuisance – Obstruction of View
SETTLEMENT RESULT: Defendants agreed to remove and/or lower the height of and maintain trees and vegetation on their property on an ongoing basis, so as not to block the Plaintiff’s defined view corridor as set forth in the agreement. Defendants agreed to perform all tree and vegetation work at their own expense. Mediator was Frederick Hertz, Esq.
CASE: Eleanor Becker v. Perry and Jane Boussina, Case No. CV-051119
SETTLEMENT DATE: October 25, 2005
ATTORNEYS: Plaintiff- Barri Kaplan Bonapart (Bonapart & Associates, Sausalito)
Defendants- James M. Dombroski (Law Offices of James M. Dombroski, Petaluma)
EXPERTS: Plaintiff- James MacNair, arborist, MacNair & Associates, Glen Ellen
FACTS & CONTENTIONS: When Plaintiff purchased her home in Tiburon in 1967, she enjoyed relatively unobstructed views of Richardson Bay and the Marin Peninsula. Defendants, who lived down-slope and across the street, allowed their trees and vegetation to grow unimpeded so that they eventually obstructed Plaintiff’s view substantially, in violation of the Tiburon View Ordinance. Plaintiff repeatedly asked Defendants to trim their trees in order to restore her view, to no avail. She then filed suit seeking Injunctive and Declaratory relief requiring Defendants to comply with Tiburon Municipal Code and to remedy the nuisance that the trees posed.