Connecticut Couple Sued for $7.5 Million Over Alleged Tree Cutting on Town Open Space for Lake View

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Connecticut Couple Sued for .5 Million Over Alleged Tree Cutting on Town Open Space for Lake View
Southbury couple unlawfully cut down trees
Couple ordered to pay CT town nearly $600,000 in tree cutting lawsuit : r/treelaw, Photo by Reddit, is licensed under CC BY-SA 4.0

SOUTHBURY, Conn. — A lawsuit in state Superior Court alleges a Southbury couple unlawfully cut down nearly 140 trees on town-owned property in 2018. The town of Southbury is suing Alan and Teresa Salzman, residents whose property abuts a large tract of town-owned land.

The town claims the trees were felled to improve the view of Lake Lillinonah and the Shepaug River from the couple’s home on Kuhne Road. What began as a dispute over damaged property has escalated into a significant legal battle, with the town now seeking up to $7.5 million in damages.

The town-owned land in question is part of the former Housatonic Farm property, a substantial 750-acre parcel. This land was jointly purchased by the town and the state during the 1990s for $8 million.

Its primary designation is as open space, intended for preservation. The property sits on a steep hillside, positioned directly between the Salzmans’ residence and the lake.

trees cut town property
Kingston Lacy Gardens – Kingston Lacy Estate – cut tree | Flickr, Photo by staticflickr.com, is licensed under CC BY 2.0

According to the lawsuit, the area where the trees were cut constitutes a “football-field size swath.” The complaint specifies that nearly 140 trees in total were allegedly cut down on the town’s property.

An expert arborist, Scott Cullen, provided a report indicating the scope of the damage. He found that 134 live trees were either cut, topped, or otherwise damaged. Additionally, four trees that were cut down were already dead, according to Cullen’s findings.

The trees affected were part of a mature forest cover on the town’s land. Some of these trees, the lawsuit notes, were significant in size and age.

Connecticut Couple Sued for .5 Million Over Alleged Tree Cutting on Town Open Space for Lake View
Couple faces multimillion-dollar lawsuit for disturbing acts along lakefront: ‘I didn’t want it done’, Photo by The Cool Down, is licensed under CC BY-SA 4.0

The suit alleges some trees were more than 90 feet tall and over 100 years old. The forest was predominantly composed of mixed hardwood trees, including species such as red oak, black oak, white oak, hickory, and sugar maple.

The town’s lawsuit lays out multiple legal grounds for its claims against the Salzmans. Among the allegations are unlawful encroachment to open space land and trespass on land.

Furthermore, the town has included two specific counts related to the destruction of the trees: unlawful cutting or removal of trees and shrubbery. These claims form the basis for the damages the town is seeking.

The town initially sought $1.5 million in damages. This figure was based on the arborist’s estimate of the costs required to restore the damaged area and replace the lost trees.

damages up to $7.5 million
Gov. Ned Lamont cited for illegally cutting down 180 trees behind his home, Greenwich records show, Photo by Reddit, is licensed under CC BY-SA 2.0

However, the town is now seeking potentially much larger damages, up to $7.5 million. This increased amount is tied to a specific provision in state law.

Under Connecticut state law, a court has the discretion to award up to five times the cost of restoration when a party is found to have encroached on open space land. This law applies to land owned by the state, a municipality like Southbury, or a nonprofit land conservation organization.

In determining the final amount of the award under this provision, the court is mandated to consider several factors. These include the willfulness of the violation, which is a key element the town is likely trying to prove.

tree cutting damage
Uprooted Tree Cut in Pieces · Free Stock Photo, Photo by pexels.com, is licensed under CC Zero

The court must also assess the extent of any damage done specifically to natural resources by the tree cutting. The appraised value of the trees or shrubs that were cut, damaged, or carried away is another factor for the judge’s consideration.

Additionally, the court is required to look at any economic gain realized by the violator as a result of the actions. This could potentially encompass the benefit of an improved view enhancing property value. The law also allows the court to consider any other relevant factors.

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