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BAHENA v. FOSTER

No. 787, September Term, 2004.

883 A.2d 218 (2005)

164 Md. App. 275

Gary BAHENA, et ux. v. Jonathan FOSTER, et ux.

Court of Special Appeals of Maryland.

September 16, 2005.

Attorney(s) appearing for the Case

Cynthia E. Young, Annapolis, for appellant.

James J. McGuire, Edgewater, for appellee.

Panel DEBORAH S. EYLER, KRAUSER, and CHARLES E. MOYLAN, JR. (Retired, specially assigned) JJ.

KRAUSER, J.

Joyce Kilmer wrote: "I think that I shall never see a poem lovely as a tree."1 He apparently never lived next to the Bahenas. What was to Kilmer a vision of ineffable beauty was to the Bahenas' neighbors, appellees Jonathan and Janey Foster, an arboreal nightmare. Overhanging the Fosters' house was Gary and Valerie Bahenas' tree, large and purportedly in a state of decay. Uninterested...

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