GLAVIN v. ECKMAN

No. 07-P-383.

71 Mass. App. Ct. 313 (2008)

JAMES A. GLAVIN vs. BRUCE ECKMAN & others.

Appeals Court of Massachusetts, Dukes.

March 3, 2008.


Attorney(s) appearing for the Case

Ethan Warren for Bruce Eckman & another.

John A. Amabile for Jon R. Fragosa & another.

E. Douglas Sederholm for the plaintiff.

Present: GELINAS, GRASSO, & COWIN, JJ.


GRASSO, J.

Looking to enhance their view of the ocean, Bruce and Shelly Eckman hired Jon R. Fragosa and his landscaping company, Three Trees, Ltd. (Fragosa), to top and remove the trees that stood in the way. Fragosa improved the Eckmans' view by cutting down ten large, mature oak trees standing on the property of a neighbor, James A. Glavin, without Glavin's permission.

After trial on Glavin's claim against the Eckmans and Fragosa for the wrongful cutting...

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