City of Indian Wells v. Lawellin CA4/2

INTRODUCTION

This matter concerns a tall ficus tree hedge located on defendants Douglas

Lawellin and Steven Rohlin’s (defendants) residential property. The hedge violates the 1 City of Indian Wells’ (City) zoning ordinance limiting the height of hedges to a

maximum of nine feet (Ordinance 652). After a neighbor complained the hedge was

blocking her view of the desert mountains, the City filed an application to abate the hedge

as a public nuisance. Defendants appeal from judgment entered following the trial court

granting the City’s application for an abatement warrant and motion for attorney fees and

costs.

Defendants contend the City failed to prove the hedge constituted a public

nuisance and the City does not have authority to abate the hedge as a private nuisance.

Defendants further assert that Ordinance 652’s expansive definition of a public nuisance

is preempted by state statutory nuisance law. Defendants also argue that, even if the

hedge qualifies as a nuisance under Ordinance 652, the hedge is a permissible

nonconforming land use exempt from abatement. In addition, defendants contend the

trial court abused its discretion in granting the City’s motion for…