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Sunday, July 27, 2008

Update on the Trees v. the Solar Panels

A while back, we noted an interesting California case that involved a conflict between redwoods and solar panels.  The Times has an update on the story.  An excerpt:

More than six months after two Santa Clara residents were convicted under a state nuisance law for letting their redwoods cast shade on a neighbor’s solar panels, the governor signed into law a bill that gives trees the right to grow as they please — as long as they predate any solar panels they might be shading. . . .

The new law is not retroactive; the original conviction stands. But the neighborhood fight is not over. Mr. Vargas has gone back to civil court, suing his neighbors in part because of the solar-panel issue, but also because he claimed the trees’ roots damage an underground storm drain and because they violate state laws prohibiting spite fences.

Ben Barros

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http://lawprofessors.typepad.com/property/2008/07/update-on-the-t.html

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