Kahl v. Luster

McDonald, j.

|aIn this suit involving the unlawful cutting of foliage without the owners’ consent, the plaintiffs Don and Maureen Kahl appeal the trial court’s judgment, awarding damages for the unauthorized cutting of thirty-three camellias, and cite three assignments of error. The Kahls contend that the trial court erred in granting summary judgment and motion in limine in favor of the defendants when the court held that the Kahls’ camellias were shrubs and not trees, despite the opinion of the Kahls’ expert arborist, James L. Culpep-per, and other evidence to the contrary, thus preventing…