Home > Real Estate Law > Way v. Wolff – Update

Way v. Wolff – Update

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  The First Appellate District affirmed the decision in an unpublished opinion, and the California Supreme Court denied the petition for review.

As a quick factual update, it was reported in the Marin Independent Journal on October 6, 2010, that the tree cutting had finally begun and should have been completed by the end of the month, ending an almost 14 year legal battle.  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 nuisances, and interfered with the neighbor’s property rights, 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

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Categories: Real Estate Law
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