Chung v. Park
Annotate this CaseA landowner sued her neighbor for trespass, alleging that the neighbor cleared trees from the landowner’s property without permission. An expert witness hired by the landowner estimated that 562 trees were cleared from about a third of an acre of the property. He calculated that it would cost over $400,000 to restore the property to its former condition. But the neighbor's expert witness testified that the market value of the landowner's property was likely not affected by the removal of trees. After a bench trial in August 2013, the superior court found the neighbor liable for the trees removed from the property before September 27, 2008. The court determined there was insufficient evidence to find the neighbor liable for tree removal occurring after that date or for the burial of timber debris on the property. Although the court acknowledged that the landowner had not proved that the tree cutting reduced the value of her property and found that she had no reason personal for replacing the trees, it nevertheless concluded that “it would be reasonable both aesthetically and legally to award damages that would permit replacement of trees on that first portion of the lot that can be clearly shown to have been scraped clean as of September 27th, 2008.” The court therefore awarded the landowner the cost of replacing 50 trees, $23,500. Because the court found that the neighbor's trespass was not unintentional or involuntary, it awarded treble damages under AS 09.45.730. The neighbor appealed. "Ordinarily, a landowner damaged by a trespass may recover either the loss in property value or reasonable restoration costs. But restoration costs are inappropriate if they are disproportionate to the loss in property value, unless there is a reason personal to the landowner for restoring the land." In this case the Supreme Court concluded the trial court erred in its estimation and vacated the award.
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