Rosauer v. Manos

WINFREE, Justice.

I. INTRODUCTION

Homeowners had trees removed from a municipal right-of-way across the road from their home, only obtaining a required permit several months later. Neighbors, whose property abutted the right-of-way and whose house had been behind the removed trees, sued the homeowners and the tree-removal company for damages. 1 The superior court granted summary judgment to the homeowners and the tree-removal company, concluding that the municipality's subsequent permit approving the tree removal negated the neighbors' claim. The neighbors appeal. Because we agree that the…