The dispute originated in Livingston County when Seth Merle and Richard Hagopian agreed to split the costs of cutting down hazardous trees, but the work never took place. Hagopian previously sued in small claims court to recover his unreturned funds, winning an order for Merle to reimburse him alongside court costs while the judge dismissed Merle's counter-claims of negligence. Merle subsequently attempted to launch a second lawsuit citing the continuing physical danger from the overhanging branches. On September 23, the Michigan Court of Appeals upheld the dismissal of the second action, confirming Merle was legally barred from reviving the decided claims.
Key points
The initial court ruling established that Merle would bear legal responsibility if the tr…: The initial court ruling established that Merle would bear legal responsibility if the trees subsequently caused damage.
Appellate judges concluded that Merle was legally barred from reopening previously resolv…: Appellate judges concluded that Merle was legally barred from reopening previously resolved negligence claims.
The continuing physical presence of unattended trees does not permit property owners to r…: The continuing physical presence of unattended trees does not permit property owners to relitigate settled disputes.
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A disagreement between two neighbours in Michigan over trees that threatened a barn has ended with an appeals court ruling against the homeowner who wanted them removed. Seth Merle and Richard Hagopian had agreed to pay $2,000 each to remove the trees, but the work never happened. After a dispute over the money reached court, Merle filed another lawsuit over the same trees. On September 23, the Michigan Court of Appeals ruled that he could not bring the case again because the issue had already been decided.
According to the
judgment, the dispute involved two neighbouring properties in Livingston County, Michigan. Merle had a barn at the back of his property, close to land owned by Hagopian. Several trees stood on Hagopian's side of the boundary, and some of their branches extended onto Merle's property.
Merle was worried that the trees might fall onto his barn and cause damage. He hired an expert to examine them, and the expert warned that some of the trees could fall onto his property within a year. This added to Merle's concerns about leaving…
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