Re: Must one plant a redwood at all? WAS RE: Responses to Sequoia sempervirens 'Soquel'

As some of you know, I spent many years serving on my local city's planning commission.  It was always interesting that although we spent considerable time examining setbacks and "solar planes" of buildings in enable to provide light and privacy for neighboring homes, trees and other landscaping were never included in plan approvals. 

Now there is one legal instance in which trees are being considered in determining a neighbor's rights to light.  The info below is from the San Jose Mercury News.  If you'd liked to read the whole article, go to http://www.mercurynews.com/ and do a search on solar and trees (you may be required to register, that's why I've included some of the story below).

This change in approach may have ramifications for those who plan and install landscaping.  This particular instance relates to installation of solar panels but as you see, the "obscure state law" generally protects a homeowner's right to sunlight.

Carol


Calif. neighbors wage legal fight over trees shading solar panels
By TERENCE CHEA Associated Press Writer
Article Launched: 02/20/2008 12:22:22 PM PSTSUNNYVALE, Calif.—In an environmental dispute seemingly scripted for eco-friendly California, a man asked prosecutors to file charges against his neighbors because their towering redwoods blocked sunlight to his backyard solar panels.

But the couple next door insisted they should not have to chop down the trees to accommodate Mark Vargas' energy demands because they planted the redwoods before he installed the solar panels in 2001.

Experts say such clashes could become more common as California promotes renewable energy and solar systems become more popular.

"Five or ten years ago, you wouldn't have seen this case because there weren't that many systems around," said Frank Schiavo, a retired environmental-studies professor at San Jose State University. "I can almost guarantee there are going to be more conflicts."

After more than six years of legal wrangling, a judge recently ordered Richard Treanor and his wife, Carolyn Bissett, to cut down two of their eight redwoods, citing an obscure state law that protects a homeowner's right to sunlight.

The couple does not plan to appeal the ruling because they can no longer afford the legal expenses, but they plan to lobby state lawmakers to change or scrap the law.

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