Dowdell v. Bloomquist

OPINION

FLAHERTY, Justice.

“Tree at my window, window tree, My sash is lowered when night comes on; But let there never be curtain drawn Between you and me.”

—Robert Frost

In the matter before us, four western arborvitae trees are at the plaintiffs window. Sadly, however, the curtains between the neighboring parties have long since been drawn, forever dividing what was once an amicable relationship between them. The fate of the offending trees now hangs in the balance.

The plaintiff, Cheryl Dowdell, brought this action in Superior Court alleging that the defendant, Peter Bloomquist, planted four…