Man Sues City for Cutting Back Plants

When Irwin Gross bought a home on North B Street about 13 years ago, he was grateful for a plum tree and a bottlebrush planted years earlier by the previous residents.

Over time, Gross said, he groomed the trees into a protective barrier that provided shade and helped block the noise of a busy alleyway and bustling commercial district.

So when he returned home one day to find that a city crew had cut them from nearly 12 feet tall to less than 6 feet, along with surrounding flowering vines, he was stunned.

“I can’t describe the depth of the rage I felt,� he said. “I came home to find the aftermath of a major demolition.�

Gross channeled his anger into a plan, though. He filed a complaint in Small Claims Court, and a judge today will hear his request for damages from the city of Tustin. Gross is seeking $5,000 and said he hopes to win at least the $1,100 he estimates he will need to replace the trees.

One tree, the bottlebrush, appears to be dying, he said, and neither tree has regained its lush greenery, even though nearly two years have passed since the city’s trimming.

Though city officials denied an earlier claim for damages, Gross said he thinks he has a strong court case.

“The trees were essential for shelter and protection of my property,� he said. “That’s gone now.�

Lois E. Jeffrey, Tustin’s city attorney, said this week that the trees were hanging over the city’s alley and were deemed unsafe.

“They were considered to be a safety hazard,� she said. “We were taking care of the right of way as we’re supposed to. The city’s actions were appropriate.�

Gross, who is studying to become a paralegal, said he may have found a precedent in the recent case of a Rancho Santa Margarita couple, who won damages against a homeowners association that had cut down their cypress trees.

“I’m confident that the law is on my side,� Gross said.