...between two adjoining property owners in Indian Hill over some bamboo, loud music, and mowing. We determine that the trial court erred in finding that each property owner had committed a trespass...Hayes's invasive bamboo constituted a trespass and nuisance. Carrigan also filed a cause of action for willful destruction of property, claiming that Hayes had left honeysuckle tree branches on her property.... {¶ 5} At the close of Hayes's case-in-chief, Carrigan moved for a "directed verdict" on Hayes's trespass claim, arguing that Hayes failed to prove Carrigan had caused the bamboo and other shrubs to die...

...against the Westovers for trespass and conversion, arguing that removal of the bamboo interfered with their privacy and aesthetic interests. Afterwards, the parties conducted discovery...agents, alleging trespass, conversion, and negligence based on defendants' unauthorized entry onto plaintiffs' land and destruction and removal of "dense, mature [bamboo] trees and elevated vegetation..., Plaintiffs-Appellants, v. Thomas WESTOVER and Betsy Westover, Husband and Wife, Defendants-Respondents, and New Jersey Bamboo Landscaping, LLC, and Alexander Betz, Defendants...

...bamboo growth on their property, which had originated on the Komaromis' property, had encroached upon her rental property by June, 2010, constituting a trespass. The Prices were not parties to the...brought claims of nuisance, trespass and negligence against them. In addition to the aforementioned undisputed facts, the plaintiff also alleged in her complaint that the bamboo further and repeatedly...several allegations that the defendants' bamboo repeatedly has encroached on her property, resulting in a continuing nuisance and a continuing trespass. For example, in her nuisance count, the plaintiff...

...bamboo onto their property. Plaintiffs also seek damages for loss of use of their property. Plaintiffs' claims are based on a private nuisance claim, negligence and trespass. Defendants deny any legal...bamboo constituted a continuous trespass and therefore an action for costs to remediate was not subject to the statute of limitations defense, as alleged by defendants in the case at bar. The court ruled...also contend that the trespass claim is untimely because they obtained a prescriptive easement based upon their conclusion that because it is universally accepted and the bamboo experts for both...

...." The appellants also alleged a second count for trespass based upon the appellees' "planting of bamboo near the boundary of the [appellants' p]roperty [...) whether the bamboo is trespassory; (3) whether the appellants' claims are barred by the statute of limitations; (4) whether, in the alternative, the defense of laches applies here to both the trespass and...was damaged as a result. D. The circuit court did not err in concluding that the appellees' bamboo constitutes a trespass and nuisance. The appellees...

...dispute between two adjoining property owners in Indian Hill over some bamboo, loud music, and mowing. We determine that the trial court erred in finding that each property owner had committed a trespass...counterclaim, alleging that Hayes's invasive bamboo constituted a trespass and nuisance. Carrigan also filed a cause of action for willful destruction of property, claiming that Hayes had left honeysuckle.... Specifically, Hayes argues that the trial court erred in finding that bamboo roots, loud music, and mowing constitute trespass. {¶10} A trespass occurs "when a person...

...favor of Mr. Davas when there was no trespass and Mr. Davas failed to mitigate his damages by allowing Mr. Saia onto the property to maintain the bamboo. Mr. Saia further argues that the trial court...establish a trespass, and that the presence of the bamboo constitutes a continuous trespass. Mr. Saia argues that the bamboo was planted in June of 2015 and Mr. Davas became aware of the problem a few.... Davas because there was no trespass occurring from the bamboo. Mr. Saia argues that Mr. Davas failed to show irreparable harm. An appellate court's review of the issuance of...

...that the bamboo on plaintiff's property had originated on defendants' property, and that defendants were thus liable to plaintiff under a theory of trespass. In a small claims action...District Court held defendants liable on a theory of trespass; however, since there was no evidence that defendants had “willfully allowed” their bamboo to spread over the property line (see...small claims action, plaintiff, who is a next-door neighbor of defendants, seeks to recover the principal sum of $3,800, based on an alleged incursion of bamboo from defendants' property onto her...

...liable on a theory of trespass; however, since there was no evidence that defendants had "willfully allowed" their bamboo to spread over the property line..., plaintiff, who is a next-door neighbor of defendants, seeks to recover the principal sum of $3,800, based on an alleged incursion of bamboo from defendants' property onto her property. At a nonjury...trial held on November 3, 2014, plaintiff testified that bamboo that defendants had planted on their property had migrated underground to her property, and that she had required professional assistance...

...brought claims of nuisance, trespass and negligence against them. In addition to the aforementioned undisputed facts, the plaintiff also alleged in her complaint that the bamboo further and repeatedly...to my use and enjoyment of my land.'' The plaintiff similarly alleged in her trespass count that the defendants ''have allowed this nonnative invasive [bamboo] to aggressively spread from their...the bamboo and then failing to control its growth resulted in a continuing nuisance and a continuing trespass. The plaintiff's con- tinuing...

...the allegations of encroachment by the bamboo is part of, and subsumed by the count alleging trespass. The motion to strike this count is granted. The defendant next argues that the...complaint against her neighbors for injunctive relief and monetary damages due to the alleged encroachment onto her property by bamboo located on the property of her neighbors. The defendants William..., which adjoins the properties of both defendants by way of their backyard property line, has been overrun by invasive bamboo originally planted by the defendant Michael Komaromi in July 1994. She...

...alleged causes of action for trespass, conversion and negligence based upon defendants' unauthorized removal of bamboo from the property line...' "trespass claim was the privacy of this bamboo fence." Judge Rodriguez noted that under Mosteller, the measure of damages for claims concerning trees and shrubbery that "typically provide privacy...-Appellants, v. THOMAS WESTOVER and BETSY WESTOVER, husband and wife, Defendants-Respondents, and NEW JERSEY BAMBOO LANDSCAPING, LLC, and ALEXANDER BETZ, Defendants...

...took out the warrant for trespass and that his salary had been $600.00 per month while working at the Red Bamboo. He also testified that he incurred attorney fees of around $300.00 in the defense of...warrant for trespass; his salary had been $600 per month; he incurred attorney fees of $300 in the defense of the criminal proceedings instituted by plaintiff; and the jury awarded him $4,500 on this...between the parties concerning their respective interests in a business known as the Red Bamboo restaurant in Southern Pines. On 4 January 1984, plaintiff filed a complaint seeking injunctive relief...

...rejected the civil rights claims. Finally the court took under advisement whether the Baileys had properly pled and proved damages for "trespass and taking," viz. removing the bamboo fence. The.... The controversy began, according to Mr. Bailey, in August 1994 when the Reeds cut down a stand of bamboo and shrubbery that separated the lots, moved construction materials onto...options. This assignment lacks merit. Damages for cut bamboo By assignment No. 23, Mr. Bailey urges the District...

...)). In Rickel, the court held that a plaintiff alleged facts to support a claim of a continuing trespass where the defendant had planted an invasive bamboo plant that had...exception to a continuing trespass, as the court noted that “unlike the flow of sewage onto one's property or . . . repeated incursion of invasive bamboo . . . ordinances and resolutions are not harms that...claims of trespass, nuisance, unlawful taking under the Fifth and Fourteenth Amendments of the Constitution, and the City's violation of its own...

...[invasive] bamboo and then failing to control its growth resulted in a continuing nuisance and a continuing trespass." Rickel v. Komaromi , supra..., 144 Conn. App. at 789–90, 73 A.3d 851. The trial court relied only upon the date the bamboo was planted in rendering summary jud...

...nuisance and a continuing trespass." Rickel v. Komaromi, supra, 144 Conn. App. 78990. The trial court relied only upon the date the bamboo was planted in rendering summary judgment for the defendants on the..., the plaintiff had "alleged facts in her complaint to support her claims that the defendants' conduct in planting [invasive] bamboo and then failing to control its growth resulted in a continuing...

.... On July 25, 2014, Long investigated a complaint from Appellants' northern neighbor (Ebersole) that tall bamboo was...Robert Ridinger's (Ridinger) property, Long observed and photographed the bamboo extending from Appellants' Property to the Creek's banks. See 1/11/2021 N.T. at 18-19; see also Ex. 4.... Ebersole lodged further complaints about Appellants' bamboo "numerous times over the course of . . . two, three years[,]" but the Township did not take action against Appellants because, although it is...

..., negligence, and negligence per se, as well as for trespass, based on the allegation Nolan cut and poisoned the Boppanas' bamboo, and invasion of privacy, based on the allegation Nolan filmed and...court should have applied a discount factor of 83.33 percent to their $400,000 in compensatory damages, to account for the fact "5 out of 6 of the subjects in the nuisance, trespass, and privacy...

....          Concerning the trespass, Herrera presented evidence that when he bought the property, the uphill portion was full of trees and plants and the fence was obscured by ...trespass, nuisance, quiet title, and an injunction requiring the Bohbots to remove the encroaching structure. The Bohbots' answer raised the defense of adverse possession. They also cross-complained....          Trial was to the court, which found for Herrera on his causes of action for trespass and quiet title, and against the Bohbots on their affirmative defense of advers...