Home > Real Estate Law > Way v. Wolff – California Supreme Court Denies Review of Decision Abating Hazardous Eucalyptus Trees

Way v. Wolff – California Supreme Court Denies Review of Decision Abating Hazardous Eucalyptus Trees

As previously reported, in Catherine Way v. Anne Wolff, Case No. A125581, the First Appellate District had affirmed a Trial Court’s Judgment finding that Eucalyptus Trees are hazardous and subject to a permanent injunction.  The Trial Court determined that the Eucalyptus Trees were a public nuisance, and ordered the nuisance abated by the trees being removed.  The First Appellate District affirmed the decision.  Apparently after losing at Trial, and losing at the Appellate Court level, Wolff filed a Petition at the California Supreme Court to have the decision reviewed.  On June 9, 2010, the petition for review was denied by the Supreme Court.  This should end this long standing dispute between neighbors.  The only unfortunate result, is that the First Appellate District only issued this decision as an unpublished opinion, meaning it is not normally citable.  It is not clear why this was done as this case does involve a legal issue of continuing public interest.  Nevertheless, it does stand for the proposition that Eucalyptus Trees which drop debris, broken branches, are overgrown and in danger of toppling over in the wind, and as a fire hazard, are a clear public nuisance.  The Supreme Court was correct to deny the petition for review, as the Trial Court and Appeals Court correctly found that these large and overgrown Eucalyptus Trees constituted substantial and unreasonable interference to the neighbors, and that the owner’s failure to maintain them was negligent.

Nothing herein should be construed as legal advice or creating any attorney-client relationship. Please consult with an attorney for specific legal advice. Thank you.

All Rights Reserved © 2010 by Michael L. Mau, Esq.

The Mau Law Firm

Blog: http://maulaw.spaces.live.com

Website: www.MauLaw.com

Categories: Real Estate Law
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