LAGUNA BEACH : Ex-Neighbors Sued Over Trimmed Tree

The owners of oceanfront property here are suing the former owners of the parcel next door, alleging that they sawed limbs off a eucalyptus tree without permission.

In a lawsuit filed this week in Orange County Superior Court, Michael and Layla Boyajian allege that Robert and Nancy Ingram, their former neighbors, are responsible for the Boyajians’ tree being trimmed in September.

Lloyd Charton, the Boyajians’ attorney, said the Ingrams had the tree sheared to improve the view at their property and to boost the asking price of their South Coast Highway home, which has since sold.

“People ought not to be able to trespass on somebody else’s property at their whim and go cutting trees or trimming trees down without regard for other people’s privacy,� Charton said.

The Boyajians, who live in Tustin and rent out the Laguna Beach house, are suing for an unspecified amount. Charton said it should be equal to the additional money the Ingrams received for their home by improving the view.

The lawsuit also asks for other damages and a temporary restraining order against the defendants.

The Ingrams could not be reached for comment. Their attorney, Ed Coss, said he was aware of the allegations but not the lawsuit. He would not comment further.

Todd Schiffman, who bought the Ingrams’ house, said Thursday the trimmed tree had nothing to do with the purchase. He bought it, he said, because the price had been reduced, making it “a very good buy.�

Schiffman said the eucalyptus was already trimmed when he first saw the property.

The filing of the lawsuit marked the second time this week that eucalyptus trees were in the spotlight. The City Council voted unanimously Tuesday to remove a towering eucalyptus tree from the Heritage Tree list, allowing it to be chopped down by its owner.

The tree, which stands alongside Pala Way at the edge of a vacant lot, was placed on the list by a previous City Council in 1991. Trees on the list cannot be altered without a city permit.

The new council has balked at a provision in the city’s Heritage Tree ordinance that allows a tree to be placed on the list over the objections of the property owner.

The Pala Way tree had been listed despite objections from the woman who then owned it. Current owners Kate and Jeff Eastman say arborists have told them the tree poses a safety hazard and should be removed before they begin building a home at the site.