Corporation for Jefferson's Poplar Forest v. Dellinger

By Judge J. Michael Gamble

I am writing this letter to give my decision in this case. I find in favor of the defendant. The case is dismissed.

The threshold issue in this case is whether the plaintiff has proven by a preponderance of the evidence that the defendant cut the trees on approximately one-half acre of the plaintiffs real estate. The plaintiff has failed to carry this burden of proof. There are no eyewitness who saw the defendant or any other person cutting the trees. The plaintiffs property is surrounded by a subdivision. Although many people live in this area, no eyewitness has come…