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Article taken from the Lawrence Eagle-Tribune
METHUEN -- A North Street couple are suing the city and a private contractor for as much as $100,000 for injuring 17 spruce trees in front of their house.
James S. and Claire A. Greene planted the trees 38 years ago as 2-foot saplings. The pines grew to about 40 feet and served as a buffer that provided privacy and muted traffic noise.
But three years ago, a private contractor hired by the city to replace a water main piled sand, rocks and other materials around the base of the trees. Some dirt piles were 5 feet high and sat there for three months, which the Greenes said killed the trees.
Today, the sickly looking spruce trees have dead branches and are missing their needles from the ground to about 10 feet high. Rocks and black tar chunks are still scattered around the base of the trees.
"It's not a pleasant thing to go to court to hold your town government responsible," said James Greene, an administrator for a nonprofit agency. "But we had no other choice."
The lawsuit was filed in Essex Superior Court by Cambridge lawyer Bruce T. Macdonald. He said although state law prevents him from seeking a certain amount in damages, the total could exceed $100,000.
"Those trees have been there for a long time and they were some beautiful cover," Macdonald said. "Frankly, I think it's reduced the value of the house."
Maurice J. Lariviere, the city's lawyer, said he is still reviewing the case and has not decided how he will move forward. The city did send an arborist out to inspect the trees when the incident occurred, but no remedy was ever offered, the Greenes said.
"The policy in the past is it is the responsibility of the contractor if they cause the damage," Lariviere said.
The private contractor, Dami and Sons of Wilmington, could not be reached for comment.
The Greenes want the spruces replaced with a new mix of bushes and trees, which could cost upward of $10,000. But, the 38-year-old trees can never be replaced, they said.
"We're looking to replace what was there prior to what we think was the damage cost to us," James Greene said.
Landscaping is Claire Greene's hobby and she hates to see the dying trees. The rest of the property is immaculately pruned and decorated with exotic plants, bushes and a goldfish pond.
"I am heartbroken," she said. "I could cry every time I go down there."
THE LAW
Massachusetts General Law Chapter 242: Willful trespass to trees; damages
"A person who without a license willfully cuts down, carries away, girdles or other wise destroys trees, timber, wood or underwood on the land of another shall be liable to the owner in tort for three times the amount of the damages assessed therefore ..."
METHUEN -- A North Street couple are suing the city and a private contractor for as much as $100,000 for injuring 17 spruce trees in front of their house.
James S. and Claire A. Greene planted the trees 38 years ago as 2-foot saplings. The pines grew to about 40 feet and served as a buffer that provided privacy and muted traffic noise.
But three years ago, a private contractor hired by the city to replace a water main piled sand, rocks and other materials around the base of the trees. Some dirt piles were 5 feet high and sat there for three months, which the Greenes said killed the trees.
Today, the sickly looking spruce trees have dead branches and are missing their needles from the ground to about 10 feet high. Rocks and black tar chunks are still scattered around the base of the trees.
"It's not a pleasant thing to go to court to hold your town government responsible," said James Greene, an administrator for a nonprofit agency. "But we had no other choice."
The lawsuit was filed in Essex Superior Court by Cambridge lawyer Bruce T. Macdonald. He said although state law prevents him from seeking a certain amount in damages, the total could exceed $100,000.
"Those trees have been there for a long time and they were some beautiful cover," Macdonald said. "Frankly, I think it's reduced the value of the house."
Maurice J. Lariviere, the city's lawyer, said he is still reviewing the case and has not decided how he will move forward. The city did send an arborist out to inspect the trees when the incident occurred, but no remedy was ever offered, the Greenes said.
"The policy in the past is it is the responsibility of the contractor if they cause the damage," Lariviere said.
The private contractor, Dami and Sons of Wilmington, could not be reached for comment.
The Greenes want the spruces replaced with a new mix of bushes and trees, which could cost upward of $10,000. But, the 38-year-old trees can never be replaced, they said.
"We're looking to replace what was there prior to what we think was the damage cost to us," James Greene said.
Landscaping is Claire Greene's hobby and she hates to see the dying trees. The rest of the property is immaculately pruned and decorated with exotic plants, bushes and a goldfish pond.
"I am heartbroken," she said. "I could cry every time I go down there."
THE LAW
Massachusetts General Law Chapter 242: Willful trespass to trees; damages
"A person who without a license willfully cuts down, carries away, girdles or other wise destroys trees, timber, wood or underwood on the land of another shall be liable to the owner in tort for three times the amount of the damages assessed therefore ..."
under control LOL
