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Caltrans sues Wheatland business owner for cutting trees
Appeal Democrat ^ | 11 Aug 2012 | Ben van der Meer

Posted on 08/12/2012 7:29:41 PM PDT by smokingfrog

Caltrans has filed a lawsuit over people who cut down trees, shrubs and other plants along state highways, including a Wheatland business owner who cut trees near his business last year.

According to the suit, filed in June in Yuba County Superior Court, business owner had a crew damage, trim or destroy 16 trees along Highway 65 at Evergreen Drive, near where Sharma had an encroachment permit to allow a left-turn lane on and off his commercial property.

"The defendants, and each of them, intentionally or recklessly trespassed on State owned property and injured and destroyed State owned tress, in order to further their individual and collective gain," the suit states.

Sharma's permit allowed him to remove eight trees there, but the work done far exceeded the scope of the permit, the suit states.

But Sharma said the suit is a misunderstanding that he will work out.

"We had all the permits to do that work, and it's just a matter of interpretation," Sharma said.

The trees were leftovers from an almond orchard that once stood in the area, he said. Because the trees hadn't been maintained and became sickly, he worried one might topple over and injure an employee or customer at his nearby business.

(Excerpt) Read more at appeal-democrat.com ...


TOPICS: Business/Economy; Government; News/Current Events; US: California
KEYWORDS: propertyrights

1 posted on 08/12/2012 7:29:46 PM PDT by smokingfrog
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To: smokingfrog

BFD. Why doesn’t the state work on the financial mess we’re in instead of hyperventilating about a few trees?


2 posted on 08/12/2012 7:32:33 PM PDT by beethovenfan (If Islam is the solution, the "problem" must be freedom.)
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To: beethovenfan
Why doesn’t the state work on the financial mess we’re in instead of hyperventilating about a few trees?

Regulatory over-reach is a way to raise funds. It's not much different philosophically from speed traps placed right behind change of speed signs.

3 posted on 08/12/2012 7:37:51 PM PDT by Pearls Before Swine
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To: smokingfrog

He could go out and argue with one of the stumps and make more sense and progress. He might as well just pay his dues to the several state agencies, bribe a couple of the inspectors to take a re-look at his paperwork, and make a very public donation to Moonbeam and his mob or he could just fire everyone and fold the operation up and move to NYC where they are understanding and reasonable (per a commercial I saw recently ... if you saw it on TV it must be true).


4 posted on 08/12/2012 7:37:59 PM PDT by RetiredTexasVet (Skittle pooping unicorns are more common than progressives with honor & integrity.)
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To: beethovenfan

It’s all about the money to be made and its only going to get worse. As more budgets go into the red every agency of government, from the most lofty to the smallest municipality and the most obscure board, will use every means available to extract money from citizens.


5 posted on 08/12/2012 7:43:02 PM PDT by concentric circles
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To: beethovenfan
Why didn't the state maintain the trees, instead of creating a hazard that a private citizen had to get permits to save himself from a lawsuit?
6 posted on 08/12/2012 7:51:01 PM PDT by texas booster (Join FreeRepublic's Folding@Home team (Team # 36120) Cure Alzheimer's!)
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To: smokingfrog

His mistake was getting the permit. He should have just “taken care” of the trees on a Sunday and been done with it.


7 posted on 08/12/2012 7:51:20 PM PDT by BobL (Cruz'd to Victory - July 31, 2012)
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To: beethovenfan
Why didn't the state maintain the trees, instead of creating a hazard that a private citizen had to get permits to save himself from a lawsuit?
8 posted on 08/12/2012 7:51:20 PM PDT by texas booster (Join FreeRepublic's Folding@Home team (Team # 36120) Cure Alzheimer's!)
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To: smokingfrog

We had this problem when we lived in Connecticut. We had a few too many trees along the edge of our property, but were unable to cut any of them down. Eventually a large pine tree broke off in a storm and took down the power lines. The power company cleared it away, but not before we had lost power for three days in near freezing weather.

These nuts think that ALL trees are sacred, and can’t distinguish between a sick tree or a healthy one, or a tree that is crowded in too close and just waiting for trouble.


9 posted on 08/12/2012 7:53:13 PM PDT by Cicero (Marcus Tullius)
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To: smokingfrog

Where did the state get the money to be able to own the property?


10 posted on 08/12/2012 8:11:04 PM PDT by abigailsmybaby ("To understan' the livin', you got ta commune wit' da dead." Minerva)
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To: smokingfrog

Where did the state get the money to be able to own the property?


11 posted on 08/12/2012 8:11:18 PM PDT by abigailsmybaby ("To understan' the livin', you got ta commune wit' da dead." Minerva)
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To: BobL
"His mistake was getting the permit."

It's always better to beg forgiveness, that to ask for bureaucratic permission!!!

12 posted on 08/12/2012 8:14:30 PM PDT by SierraWasp (Government it'self is the REAL "Free Rider!" Obamacare will create burdensome "Free Riding!!!")
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To: SierraWasp

“It’s always better to beg forgiveness, that to ask for bureaucratic permission!!! “

...and generally an operation like Caltrans has a lot more to do than count trees. If they don’t expect an ‘extraction’, and if it’s done when they’re not on duty (say, on a Sunday morning), they probably will never pick up on it being done, particularly if it’s done clean and the stumps are immediately pulled and then filled in.


13 posted on 08/12/2012 8:28:06 PM PDT by BobL (Cruz'd to Victory - July 31, 2012)
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To: concentric circles

Our little town of 25,000 in the San Fran Bay Area just instituted a requirement that EVERY subcontractor to a general take out a business license in the city. I’ll be damned if I’m going to pay the $400 for a business license for a sub who doesn’t have one. So our list of subs has shrunken enormously. Blast every government busybody from here to Kingdom Come.


14 posted on 08/12/2012 8:44:07 PM PDT by ProtectOurFreedom
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To: smokingfrog

CalTrans has cut down bazillions of legacy trees. Highway 99 comes to mind, but there are so many more examples.


15 posted on 08/12/2012 9:07:21 PM PDT by Seaplaner (Never give in. Never give in. Never...except to convictions of honour and good sense. W. Churchill)
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To: ProtectOurFreedom

The upside of all this is that ordinary men and women will become energized by this soft oppression and take action to rid themselves of the power seeking, money grubbing robbers.


16 posted on 08/12/2012 9:32:21 PM PDT by concentric circles
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To: ProtectOurFreedom

The upside of all this is that ordinary men and women will become energized by this soft oppression and take action to rid themselves of the power seeking, money grubbing robbers.


17 posted on 08/12/2012 9:45:05 PM PDT by concentric circles
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