Tree Cutter

[Michaelangelo]

Hey all,

I don't think I made a post about this... though I wanna rant a little since there's more to it than there originally was.  Back in April a guy came into the yard of the house that we are selling (and have had for 20 years) and cut down a tree without permission.

He made an attempt at this years ago when we were still living there, leaning over a fence to try and cut full branches from the tree.  He lived behind us while there, and didn't like our only shade tree in our back yard.  In Michigan it is against the law to cut a tree in someone elses yard, only the branches that hang over your yard can be cut.  So we've expressed in the past that we don't want the tree cut down.

Of course, something like this is being taken to court.  He tresspassed... and cut down a full 30 foot tree.

Well all this time we haven't talked to him.  Well today we went in back to take a picture of the tree stump (which is growing into a bush).   And he came up to the fence (it's a privacy fence) and asked if we were the new owners... (the house sold!)  and we're like "No"  then he asked if we were the ones taking him to court over this... and we started to talk.

This guy doesn't seem to get it through his thick skull that you don't go into someone else's yard and cut their trees down.  All he would do is try to compare how perfect his place was compared to ours and start lies about our place.  He even tried to say that we never cleaned our yard, he tried to say that we were never back there, and started saying he has pictures of our house before we fixed it out.   Things that really didn't matter at all, it's not like the house has anything to do with tresspassing and cutting our tree down.

He had a privacy fence up, so I guess he didnt' see us often in that yard cleaning up after dogs.  Cutting down the plants that would try to grow between his fence and our yard.  And he deff didn't see the fact that not only I played in that back yard but all of my friends that lived on the street would go back there to play.  My mom had a guardain back there even.  She'd go back there to rest, and her favorite area to sit back there was near that tree which he cut down.  It was our shade tree, and was a nice part of our yard.  I got pictures of me back there playing with my dogs.   So this guy has no clue what he's even saying.  He's just making junk up, cause he couldn't give the straight answer when we would confront him with "why?"  "What were you thinking?"  "You tresspassed and cut a tree down!"

He had no response when we asked him why he didn't just call the number that's on ALL the signs that were on the front yard to get ahold of us to ask for premission.  He asked for premission with the neighbor... when he cut their tree down.  Though he didn't ask us.   And he had nothing to say to that.  

Oh he did try to acuse me of jumping on his shed when I was a kid.   My response to that was simple.   "Sir I was never in your yard, as I a kid I was taught it was wrong to tresspass."   Though I didn't give him the real proof that I didn't do that by telling him that I do have a fear of hights.. so going up onto his shed is totally out of personality for me.  It will be funny if he brings it up in court.  *smirk*

Everything he said about me personally was totally wrong.  He said I hung out more on his side of the block.... I couldn't have, going around the block was a hazard for me two of my biggest bullies lived on his street.  One lived down near his end and the other lived on the other end.   The only thing this guy knew about me, which is more than I knew about him is my name.  Though he may have heard dad calling me by name while we were trying to take pictures of the bush that the tree has turned into.

Another funny thing about all of this is my dad got a call from Judge Judy to see if the case could be handled on her show.  Though when they heard what happened they laughed and said this is too much of a open and close case for Judge Judy.  They won't touch it.  They guy has already amitted to the cops that he did it.  We went out and got expert advice on how much the tree was worth at it's size before cutting down (not how much a new baby one is worth... but the cost of the tree that guy decided to cut down was).   We have pictures before it was down and after, showing that was the ONLY shade tree on our yard, now that back yard is all sunlight.

My dad did try to say he'd settle with him outside of court.  Though the guy was not willing to settle for the amount that the tree was worth.  So hi ho hi ho, it's off to court we go.

The Court date is August 16th, I'll let ya all know how it goes.

[Brinatello]

Ugh, what a huge mess.  Stupid jerk is totally in the wrong and has no excuse whatsoever to cut down YOUR tree!  Good luck with the court stuff.

[Michaelangelo]

I'm sure it'll be amusing, too bad Judge Judy didn't pick it up.  That would of been even more amusing

My mom was the most disappointed one about the tree being gone, cause she spent a lot time back there with it.  She made her dead horse in the back yard and on the prouch, and when she would be working on it in the back it would be under that tree.   She did a guardain back there, and sometimes she'd just go sit under that tree to get some time to herself.  She wants to grow a new one here, and saved one of the brances and is growing it in a bucket.

It's a Pussywillow Tree.

[Leonardo]

He sounds kinda freaky.
Hopefully it will be a fast case, over and done in your favor. Because it's clear he trespassed to do this.
But I do have a question, it sounds like a good sized tree. Like it would have taken him a more than a few minutes to cut it down. Did he do this when you were not home?

[Michaelangelo]

The house was for sale, we've been living about two miles from the house since early 2004.  Though the fact that it's the only shade tree in the yard, made it a helpful selling point and did lower the vaule of the propety when we lost it.

And since he asked a neighbor next door to cut down their tree and got premission for that one... people didn't realize that he didn't call the number on the signs around the house to get in touch with us to ask our premission.

[zkarlette]

Thats guy is definetly going to get it ....as far as I know you  need a permit to cut a tree even in your own backyard ...cutting somebody elses is like stealing or damaging private property I guess plus the trespassing.

I would have liked to see what Judge Judy would have said she can get pretty mean LOL

anyway I hope that he pays for the damage I wish you all the luck in court , unless the judge is high... lol, this is a no brainer

[CriticalCrittles]

Aw man, too bad they wouldn't take it...I woulda loved to see Judge Judy teach that guy a lesson or two...she'd tear him up! And he'd totally deserve it! lol Anyway yeah...what kinda idiot goes into ANOTHER PERSON'S yard and cuts a HUGE tree like that down? Geez....

[Jephael]

I'm just trying to imagine Ivey in an episode of Judge Judy and I gotta say that would be the coolest thing ever! I really hope that jerk gets what's coming to him: A hefty fine so huge, you can buy 4Kids Entertainment!

[Absaraka]

Take him to the cleaners.  Good luck.

Raka

[moronqueen]

That guy sounds like the old woman who moved in next to my mom...the chick did the whole limb cutting thing on the beautiful tree my mom has in her back yard and tried forcing her to cut it down, too...she didn't succeed. She's been termed "Prunella" 'cause...that's just her attitude. While I was out there, I was in the yard tossing a toy for the dog...he started barking at her as soon as she came out. I couldn't help but laugh...dogs really can sense evil! *G*

Good luck with the court though, deffinately.

[Michaelangelo]

Hey everyone,

Just letting everyone know how court went.  As I just got home from there.  

We won, though because we don't own the property anymore (Yes it's SOLD!  Out of our hands!  The closing was on Friday), we didn't get the amount we were asking for which was around $1,800 which is the price of a tree the size of which he cut down.  Though we did get $800 which was a months worth of house payments for them causing us a lost sale, and court cost was another $93.  So we did get more than what he was originally trying to offer us outside of court ($500).

So this is case close, the Judge seemed Very upset with him for going into our yard and cutting the tree down.

[Raphael]

That's good to hear. Although, can't imagine that there was any other decision the judge could have come up with. The dude trespassed, plain and simple.

[hazlov2004]

im so happy ya won ivey