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REAL PROPERTY, Trespass Nuisance from View Obstruction

SETTLEMENT RESULT: The parties entered into a settlement agreement in which Defendant would be responsible for the removal and pruning of certain trees. Plaintiff is responsible for the future maintenance pruning. The agreement provides for screening between the two properties that allows the Plaintiff's property to maintain its views. Additionally, the agreement addresses replacement trees stating, "In no event shall [Defendant] be permitted to plant any 'undesirable' or 'fast growing' species as defined by the Town of Tiburon's tree ordinance."

CASE: Russell v. Mydland, Case No. CV 071529

SETTLEMENT DATE: January 30, 2008

ATTORNEYS: Plaintiff – Barri Kaplan Bonapart (Bonapart & Associates, Sausalito)
Defendant: James M. Treppa (Bledsoe, Cathcart, Diestel, Pederson & Treppa LLP, San Francisco)

EXPERTS: Plaintiff: James MacNair, arborist, MacNair & Associates, Glen Ellen
Lawrence Stevens, land surveyor, L.A. Stevens & Associates, Inc., Novato
Defendant: Dennis Yniguez, Tree Decisions, Berkeley
Curtis Thor, real estate appraiser, Novato

FACTS & CONTENTIONS: Dispute between the parties in connection with their various rights and obligations regarding Plaintiff’s views, and Defendant’s trees and vegetation. Plaintiff asserted his right to view restoration and preservation, pursuant to the Tiburon Municipal Code. The Complaint was filed for Declaratory Relief and Nuisance due to obstruction of view.

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