Verdicts and Settlements

REAL PROPERTY, Nuisance – Obstruction of View

SETTLEMENT RESULT: Defendant agreed to remove certain trees and lower the height of and maintain on an ongoing basis certain other trees, in order to preserve Plaintiffs’ view corridor and sunlight access. Defendant agreed to perform biannual maintenance work on trees and vegetation on her property in order to keep with the height specifications of the agreement. The costs of said removal and trimming are to be split equally between the parties, with Plaintiffs paying no more than 50% of the highest contractor’s bid for the prescribed work, obtained by either them or the Defendant, whichever is less.

CASE: Golden v. Wooster.

SETTLEMENT DATE: November 29, 1999

ATTORNEYS: Plaintiffs- Barri Kaplan Bonapart (Bonapart & Associates, Sausalito)
Defendant- Julian Saperstein, Esq. (San Francisco)

FACTS & CONTENTIONS: Plaintiffs and Defendant were neighbors in Belvedere, CA. This dispute arose in regards to Plaintiffs’ rights to restore and preserve the view they had once enjoyed from their home, and Defendant’s rights and obligations under Belvedere Municipal Code.

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