Cannon v. Dunn

OPINION

HOWARD, Judge.

This case involves the liability of an adjoining landowner for roots from a eucalyptus tree which invaded the subsurface of his neighbor’s land. The trial court, sitting without a jury, and on the basis of conflicting evidence, found that the roots had caused no actual damage. It denied an award of any damages and refused to grant injunctive relief by ordering the appellee to remove the offending roots and tree. Appellant contends the trial court erred in not granting the injunctive relief. We do not agree and we affirm.

Appellant urges us to adopt the view found in…