Many cities have enacted ordinances to protect various trees within their city. A long-time Palo Alto homeowner recently achieved a court ruling forcing his neighbor to remove Coast Redwood Trees whose roots were damaging his house. The legal actions were made more difficult by a real estate agent who indemnified the buyer of the house in order to get the house sold.
A short summary by the long-time owner: In 2021, I sued my neighbor, with a one-sided result in my favor. I claimed for damage under state law #3479, and my neighbor’s ONLY defense was: “I was complying with PA’s tree ordinance”. The PA ordinance will not win against superseding state law. The 7-page opinion of the state judge never even mentioned the PA ordinance because it’s irrelevant against state law. But I still was forced to sue and pay my (winning) legal fees. My neighbor chose foolishly to go to court against state law, using only the PA ordinance as a defense. He had a losing case from the start, so he had to pay his (losing) legal fees.
Learn more about Palo Alto’s protected trees and the legal action.