Posts tagged "Tree"

Evans v. Mayer Tree Service, Inc., et al. (Lawyers Weekly No. 11-024-16)

NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.  If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA, 02108-1750; (617) 557-1030;   14-P-1642                                       Appeals Court   GEORGE EVANS  vs.  MAYER TREE SERVICE, INC., & others.[1] No. 14-P-1642. Worcester.     September 9, 2015. – March 3, 2016.   Present:  Meade, Wolohojian, & Milkey, JJ. Practice, Civil, Summary judgment, Relief from judgment. Commissioner of the Department of Conservation & Recreation.  Trespass.  Real Property, Trespass, Removal of timber.  Nuisance.  Consumer Protection Act, Insurance, Unfair act or practice.  Insurance, Unfair act or practice.       Civil action commenced in the Superior Court Department on January 31, 2011.   The case was heard by Daniel M. Wrenn, J., on motions for summary judgment, and a motion for relief from judgment was also heard by him.     E. Douglas Sederholm for the plaintiff. Denise M. Tremblay for Mayer Tree Service, Inc. James T. Scomby for Marquis Tree Services, Inc. Elizabeth W. Morse for Farm Family Casualty Insurance Company.      MILKEY, J.  In August of 2008, an invasive, wood-boring insect known as the Asian longhorned beetle (ALH beetle) was discovered in the Worcester area.  The ALH beetle infests particular types of hardwood trees (host trees) that die as a result.  Federal and State officials mobilized quickly to address the problem.  Under the plans that they jointly developed and implemented, host trees that showed tell-tale signs of infestation were to be destroyed, together with those additional host trees that were deemed to be at high risk of infestation.  The actual tree removal work was to be done by State contractors (and their subcontractors). The plaintiff, George Evans, owns property at 14 Randolph Road in Worcester, where he lives with his wife.  There were numerous host trees at his property, including Norway maples.  It is uncontested that in February of 2009, defendant Marquis Tree Services, Inc. (Marquis),[2] entered Evans’s property and destroyed at least twenty-one Norway maples there at the specific direction of a Federal field inspector who mistakenly believed that Evans had given written permission to have all host trees on his property destroyed. The principal question before us is whether, under the particular circumstances presented, Marquis can be liable pursuant to G. L. c. 242, § 7, for destroying Evans’s trees “without license” to do so.  On cross motions for summary judgment, a Superior Court judge ruled in the defendants’ favor in a detailed and thoughtful decision.  Because we conclude that material facts remain in dispute that preclude entry of judgment […]


Posted by Massachusetts Legal Resources - March 4, 2016 at 1:08 am

Categories: News   Tags: , , , , , , ,

South End Answers: Tree Removal on Columbus Ave

In this week’s “You Ask, Patch Answers” column, where we find the answers to your questions, a South End reader asked about a large tree that was being taken down on Columbus Ave on Friday. “Any idea why they are taking down a huge tree over on Columbus Ave today? Seems unnecessary?” Reader Dave wrote in via Twitter.  To find out the answer, I reached out to Boston’s Parks and Recreation Department, which is in charge of all tree removal in Boston.  The large tree, an 80-year-old elm, was taken down on Friday at Carter Playground, 709 Columbus Ave., because it has Dutch Elm disease.  “The Department hopes that by removing this tree we will prevent other elms in the park from being contaminated,” said Jacquelyn Goddard, a Parks Department spokesperson. “The Department will be conducting routine examinations during the year to inspect the rest of the tree stock to see if other elms remain healthy.” A related reminder to residents and business owners: A hearing must be held for the removal of any street trees in the city. The city issued fines earlier this year to business owners who removed trees without permission.  Got a question about the neighborhood you want answered? Submit it in the comments below or email Each week Patch will pick a question to research and answer the following week. Add your question today! SOUTH END PATCH: Facebook | Twitter | E-mail Updates  South End Patch


Posted by Massachusetts Legal Resources - June 17, 2013 at 12:07 pm

Categories: Arrests   Tags: , , , ,

Week in Review: Taylor Street Controversy, Tree Removal on Tremont

The following were the top articles on South End Patch from Jan. 29 to Feb. 1st, 2013: Taylor Street Wooden House Renovations Blocked by Neighborhood The historic wooden house at 8-10 Taylor Street, built in 1899, was approved for renovations by all city agencies, but progress is currently stalled due to neighborhood concerns. Neighbors on Taylor St. House Demolition: Conditions Were Unsafe The original stop work order put on the 8-10 Taylor Street wooden house property was because of environmental and project concerns, neighbors say. Now, it’s related to an entirely different issue. Police Disrupt Alleged Drug Deal on Northampton Street Boston Police arrested a man for allegedly selling heroin on Northampton Street on Monday. Letter: Tree Removal on Tremont Street Comes as a Surprise A South End resident is looking for answers about 655 Tremont Street’s tree removal. Removed Tremont St. Trees Presented Public Safety Hazard, According to City After residents reached out to question why several large trees were removed from the Tremont/W.Brookline Street corner, the Boston Parks Department provided its reasoning. SOUTH END PATCH: Facebook | Twitter | E-mail Updates South End Patch


Posted by Massachusetts Legal Resources - February 3, 2013 at 11:58 am

Categories: Arrests   Tags: , , , , , , ,

Letter: Tree Removal on Tremont Street Comes as a Surprise

Dear Editor, This morning I woke up to the pleasant noise of chain saws and wood chippers outside my windows. I look out and the city has cut down 3-4 beautiful trees that lined our street. There was no notice of this happening, and they destroyed my privacy and curb appeal.  I know that other residents of the area were upset as well. The trees were beautiful and healthy. They withstood the winds of Sandy without breaking a limb.  The trees were located alongside the building 655 Tremont Street on W. Brookline where Gold Gallery is.  My windows are directly above Gold Gallery looking out onto W. Brookline. I now have no privacy, and the street looks horrible. They also destroyed our brick sidewalk in the process.  I thought I would bring this to your attention so we can get some neighborhood awareness about this, and prevent things like this happening in the future.  Let me know if you have any questions, and go take a look; it is bad! Sincerely, Patrick Miller Resident South End Patch


Posted by Massachusetts Legal Resources - February 6, 2011 at 3:21 am

Categories: Arrests   Tags: , , , , , ,