In two new superior court lawsuits alleging illegal tree cutting — one in Chilmark another on Chappaquiddick — land owners are accusing their neighbors of destroying old-growth trees for the sake of creating water views.
In two new superior court lawsuits alleging illegal tree cutting — one in Chilmark another on Chappaquiddick — land owners are accusing their neighbors of destroying old-growth trees for the sake of creating water views.
In Chilmark, Martha Cottle has filed a complaint in Dukes County superior court claiming that Beach Plum Inn owners Sarah and Robert Nixon unlawfully cleared a large swath of trees on her property at 6 DH’s Hill Road in Menemsha. The Nixons are principals in Swordfish Enterprises Inc., and are abutters to Ms. Cottle. Erik Taylor, a business associate of the Nixons who did the tree work, according to the complaint, is also named as a defendant.
The alleged illegal clearing took place in December 2019 on a half acre of the Cottle property, according to the complaint, which described “unauthorized environmental destruction . . . [that] wreaked havoc akin to a war zone,” by chopping down approximately 136 trees, including beech, oak and locust, some 100 feet in height. The complaint also claims that the cutting was done to enhance “their water view of Menemsha harbor, Menemsha Pond and Menemsha Bight.”
Filed Feb. 22, the complaint cites an estimate of $3.6 million to restore the damage, and seeks a jury trial.
In an unrelated case, on March 2 a trust controlled by the Stephens family of Chappaquiddick filed a lawsuit against Deeluxe Holdings and Harold Flack for alleged illegal clearing on an undeveloped piece of land at 5 Maqua Way. The property fronts on Katama Bay and has been held by the Stephens family since the 1960s, according to the complaint.
According to the complaint, Deeluxe Holdings and Mr. Flack acquired a neighboring property from the Elizabeth and Carl Gilmore Trust in 2015. The complaint alleges that in March 2019 the defendant or an agent trespassed on the Stephens property and “cut down/removed 86 of the largest, tallest, mature pines, oaks and sassafras trees and further crushed most of the ground cover . . . on two acres of the trust property . . . All the trees but for 11 white pines were older than 74 years.”
The complaint further alleges that “the defendants . . . have been unjustly enriched with water view of Katama Bay at the expense of the Trust’s privacy, shading, aesthetics and biggest, most mature trees”
A jury trial is requested, with damages to be determined.
Defendants in both cases have not yet filed answers to the court complaints.
Comments
I would love to hear the
R Scott Patterson EdgartownI would love to hear the argument that justifies trespassing and cutting down trees on someone else’s property. I can’t imagine the defendants have a legitimate defense.
I really hope the Gazette
L. Cassells VHI really hope the Gazette follows this through to its end. My impression is that this is an increasingly calculated behavior by the very rich- do something illegal and simply factor in the apology and fine one MIGHT be held to account for subsequently.
For many fines are not
Bri WTFor many fines are not deterrents but simply a price
With neighbors like that, who
Charlie EdgartownWith neighbors like that, who needs enemies. Really?!. Make them plant it all back .
I agree with the comments on
John Aldeborgh KatamaI agree with the comments on going onto your neighbors property and cutting down anything, I think outrageous would be an understatement. People used to talk with and have respect for their neighbors, this lack of common courtesy is shameful. Frankly, I’m not sure why it’s taken so long for court action given both events took place in 2019.
Imagine Covid caused some of
gina Menemsha/NYCImagine Covid caused some of the delay. .. Let's hope the settlement reached will be nothing less than full replacement on both properties. & glad the contractor is listed too often the contractor claims "just following orders". not asking to see proper permits etc ..
This is a classic case of
Mark Acker VhThis is a classic case of take what you want and then beg for forgiveness. The defense will likely say they did not know their bounds, but that is not an excuse. Defendants will lose and pay a fine. If it comes out they knew their bounds fines can triple.
More examples that the island
Local MVYMore examples that the island has become a place for the wealthy and selfish to exploit. I agree with L Cassels: the fine is worth it for the view. We’ve passed the tipping point.
I am, quite simply,
Lorraine EdgartownI am, quite simply, flabbergasted. It was drummed into me from earliest memory and childhood: If it is not yours, keep your hands off it. I have seen this arrogant display in recent years and it is beyond the pale. Buildings demolished, against Historical District rules, trees removed in order to improve a "view", a blatant disregard for private property rights, often engineered by the people we hear saying:" We just LOVE the Vineyard, yes, loving it to death. IMHO.
Whatever settlement is paid
Katherine Kunhiraman (Kakie Siebel) Berkeley, CAWhatever settlement is paid to the families of these violated trees will never replace a hundred foot tall tree. This is a horrible violation. The Stephen's family has seen generations protecting their land, since way before the 1960s. I played with them in my own childhood, since before I started school, and now I am seventy-seven! That is a lot of old-growth trees, sacrificed for vanity and wanton selfishness. My heart breaks for the despoiling of my beloved island.
Lorraine (above) writes:
Claire K. ChilmarkLorraine (above) writes:
"a blatant disregard for private property rights, often engineered by the people we hear saying:" We just LOVE the Vineyard, yes, loving it to death".
Oh, yes. Here is a sad wave from Chilmark, where a modest,100 year-old homestead had the misfortune of having made and maintained for decades a beautiful and deep viewshed that caught the proprietary interest of one of these "Vineyard LOVERS", as a perfect background for their latest play project. Another old family bites the dust, and is now suffocated by a wall of industrial plastic, emitting a soul-grinding electric ventilation noise, 24/7, forever. But who cares?
Here are a couple of quotes
Eric Poehler Vineyard HavenHere are a couple of quotes for this occasion:
"Separate an individual from society and give him an island or a continent to possess, and he cannot acquire personal property. He cannot be rich,"
Thomas Paine 1795
"All the Property that is necessary to a man, for the conservation of the individual and the propagation of the species, is his natural right, which none can justly deprive him of: But all property superfluous to such purposes is the property of the publick, who, by their laws, have created it, and who may therefore by other laws dispose of it, whenever the welfare of the publick shall demand such disposition. He that does not like civil society on these terms, let him retire”
Benjamin Franklin 1783
136 trees on someone else's
Carol formerly Chilmark136 trees on someone else's property?! $3.6 million plus attorney fees & court costs PLUS jail time. Criminal prosecution should follow this civil suit. Good Lord, where's the DA?
Never, ever cut a tree down
Chris ChappyNever, ever cut a tree down without a survey with flags. Ever.
It happened to me. I was
William Cumming CHILMARKIt happened to me. I was having an area cleared, we were required by the conservation commision to flag and preserve a buffer zone near my property line in Chilmark. My neighbor assumed the flags were the property line and he cleared the buffer zone on my property. It was an honest mistake by my neighbor. It was all restored by my neighbor. Facts matter and accidents happen, don't run to judgement.
Underlying factor is a
George Stein OBUnderlying factor is a genuine neighbor finds time to create a conversation prior to any changes. Sorry generally means I got over on you. Examples need to be made this deceit is too common. All four neighbors adjoining my property have played this game. Law enforcement not being backed in the courts at every turn. No restraint on abuse exists right now.
There were no flags, no
Jamie Alley Norwood/West TisburyThere were no flags, no survey, no communication at all in the Chilmark case. It was done when no one was residing on the property (imagine that!). I've seen the site involved and carnage is the only word to accurately describe it. They left it all there for the property owner to see; they knew exactly what they were doing. So sad and disgusting.
And the last trial ended with
Bill VirginiaAnd the last trial ended with a meager $10,000 fine! That's why people keep doing this; they figure that those tiny and unmeaningful fines are worth it!
Not to mention the loss of
Annie Foley Vineyard HavenNot to mention the loss of habitat
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