Found Gary authorized removal.
Found he proceeded without a survey, despite knowing the exact boundary was not confirmed and despite having previously initiated contact with me about the vegetation.
The judge rejected the idea that this was a simple innocent mistake.
She accepted the arborist’s replacement-value analysis as the appropriate measure under the circumstances.
Replacement valuation:
$41,200.
Statutory enhancement applied based on the court’s finding regarding willful conduct.
Total damages:
approximately $82,400 before additional awarded costs.
With recoverable fees and court costs included, the judgment reached roughly $86,000.
Gary sat perfectly still.
Sandra covered her mouth.
Pressman wrote immediately.
I did nothing.
No smile.
No glance.
No dramatic satisfaction.
I listened.
That was enough.
Outside, Thomas shook my hand.
“You were organized.”
“That mattered.”
“So did being right.”
“Yes.”
“But plenty of people are right and lose useful evidence.”
He looked toward my file box.
“You did not.”
I drove home.
Then called Dale.
“We won.”
“How much?”
“Enough.”
“Trees coming back?”
“No.”
“Then you didn't win all of it.”
That was exactly why I liked Dale.
My second call was to North Ridge Landscaping.
“You can schedule.”
The crew arrived three weeks later.
Flatbed carrying forty-three Thuja Green Giant arborvitae.
Six to seven feet tall.
Healthy root balls.
Dark green.
Straight.
I had chosen them for practical reasons.
Fast growth.
Evergreen.
Wind tolerance.
Dense screening.
Adapted to the site if established properly.
And yes.
They would eventually block the Warner lake view.
Completely.
The contractor laid out two staggered rows on my side of the boundary.
Every trunk comfortably inside the surveyed line.
No ambiguity.
I had installed visible survey markers beforehand.
Not because I needed them legally.
Because I would never again let somebody pretend the boundary was mysterious.
The planting lasted most of the day.
Augered holes.
Amended soil where needed.
Set root flares.
Watered.
Mulched.
Staked only where necessary.
By evening, forty-three young evergreens formed a wall six feet high.
Not yet dense.
Not yet imposing.
But unmistakable.
The invoice was just under nine thousand dollars.
I paid it from judgment proceeds.
Two weeks later, Sandra’s attorney contacted Thomas.
The Warners requested discussion regarding the “visual impact of the new plantings.”
Thomas called me.
“Want to hear their proposal?”
“No.”
“You don't even know it.”
“I know enough.”
“They want staggered gaps preserving limited lake sightlines.”
“No.”
“Lower-growing species in selected areas.”
“No.”
“They may offer money.”
“No.”
Thomas laughed.
“You are very consistent.”
“Are the plantings legal?”
“Yes.”
“Then we're done.”
His response to Pressman was brief.
Mr. Mercer’s landscaping is located entirely within his parcel and complies with applicable restrictions. The prior litigation has concluded. He is not interested in modifying lawful plantings to preserve views across his property.
That ended it.
For a while.
The Warners paid the judgment over eight months under an agreed payment schedule.
On time.
Every installment.
I deposited them.
No commentary.
No late-night satisfaction.
The money was not a prize.
It was compensation.
I used part to grind the remaining stumps.
Repair soil.
Reseed native grass.
Pay legal expenses not otherwise recovered.
Pay survey cost.
Arborist cost.
Landscape installation.
I donated some to a county conservation group.
Not publicly.