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Remedies Keyed to Kovacic-Fleischer, 8th
Heninger v. Dunn
Citation:
101 Cal. App. 3d 858, 162 Cal. Rptr. 104 (1980)Facts
In April 1971, respondents Bernard and Elise Dunn owned mountain land adjoining property owned by appellants David and Eliza Heninger. Acting on erroneous legal advice that they held a valid easement, respondents bulldozed a rough road approximately seven-tenths of a mile long on appellants’ land despite appellants’ objections. The bulldozing killed or damaged 225 trees and destroyed much vegetative undergrowth. However, the road provided additional access to appellants’ property, thereby increasing its market value by $5,000—from $179,000 just before the trespass to $184,000 immediately following. The trial court found that technical restoration of the trees would cost $221,647 and restoration of vegetative undergrowth would cost $19,610, but denied damages because there was no depreciation in property value.
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