Camden couple files lawsuit against neighbor to remove trees blocking harbor view

Mon, 05/07/2018 - 11:15am

    ROCKLAND — A Camden couple has filed a lawsuit asking the court to order their neighbor to remove over 20 evergreen trees they say are blocking their view of Camden Harbor. 

    The lawsuit was filed by Raymond and Wendy Andresen in Knox County Superior Court April 17 against Judy McCoy, who has not yet filed a response in court.

    The Andresens live on Cove Road and their backyard adjoins the property owned by McCoy, which sits on a quarter acre lot on Sea Street. 

    The lawsuit states that in June 2016, McCoy planted a row of four-foot-tall arbor vitae trees, a type of evergreen, along the parties’ common boundary. Wendy Andresen went to McCoy when she observed the trees being planted and said they were going to block their view of the harbor. 

    Several days later, the defendant allegedly had the first planting of evergreens removed and planted in their place 21 evergreens that can grow up to 30 feet, along the common boundary, according to the lawsuit.

    The Andresens have said that the trees will create an “impenetrable wall of green” when they reach maturity.

    They also claim that the type of trees selected and locating them in such a way to completely block their view was done with malice and create a spite fence. Maine law defines a spite fence as “any fence or other structure in the nature of a fence, unnecessarily exceeding six feet in height, maliciously kept and maintained for the purpose of annoying the owners or occupants of adjoining property, shall be deemed a private nuisance.”

    In the lawsuit, the Andresens are asking the court to order McCoy to remove the trees and pay court costs. They state that the loss of their partial view of the harbor will reduce their property value, as well.

    Attempts to reach McCoy have been unsuccessful.

    The Andresens are represented by Attorney Dana Strout of Rockport.

    Reach Sarah Shepherd at news@penbaypilot.com