Wilson

“Every body does not see alike. . . . The tree which moves some to tears of joy is in the Eyes of others only a Green thing that stands in the way.” (Blake, The Complete Writings of William Blake (1957) p. 793.)

This private nuisance action embodies the truth of William Blake’s observation. Plaintiffs Wendy Wilson and Jane Cassady and defendants Leon and Sue Handley are neighbors in the Gity of Yreka; the Handleys’ property adjoins both plaintiffs’ properties. When Wilson began building a two-story log house on her property, the Handleys planted a row of evergreen trees along the property line. Afraid the trees would block their views of Mount Shasta, plaintiffs brought this action to require the Handleys to remove the trees. Plaintiffs relied in part on California’s spite fence statute (Civ. Code, § 841.4), which declares that any “fence or other structure in the nature of a fence” that unnecessarily exceeds 10 feet in height and is maliciously erected or maintained for the purpose of annoying a neighbor is a private nuisance.

The question presented here is whether a row of trees planted parallel to a property line can be a “fence or other structure in the nature of a…