What can we do to stop the town from cutting our trees?

Full question:

The tree commission in our town is trying to cut down our beautiful shade trees in front of our house. These trees shade our house in the summer and absorb water from a wet area. We would like to get a second opinion by a certified tree expert and also would like to contact our insurance company. The town would like us to sign a legal waiver also and give us responsibility of any property damage from these trees . They are telling us our insurance would not cover us if any damage was done by these trees. We were never notified of the tree removal and now we are being pressured by this waiver before we can do any research. They are threatening to cut the trees down tomorrow as commissioned. What do we do to save our life supporting green trees?

  • Category: Trees
  • Date:
  • State: New Jersey

Answer:

An injunction is a court order that requires a person, corporation, or government entity to stop doing something. It is usually issued when legal remedies are insufficient. For example, if a neighbor threatens to cut down old trees that they claim are damaging their property, the court may issue an injunction to prevent the cutting until the dispute is resolved. This is important because cutting down the trees could cause irreparable harm, which money damages could not replace.

To obtain an injunction, you must show either (1) a strong likelihood of success in your case and the possibility of irreparable harm if the injunction is not granted, or (2) that there are serious questions regarding the case and that the balance of hardships favors you.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

You may be able to stop the town by seeking an injunction in court. This legal order can prevent the town from cutting down your trees until the matter is resolved. To obtain an injunction, you must demonstrate a strong likelihood of winning your case and that cutting the trees would cause irreparable harm. Consulting with a legal professional can help you navigate this process effectively.