Facts

Plaintiff George Velazquez purchased a residential property behind the property of Defendant Virginia Falco. Velazquez, whose house had an ocean view, sought a permanent injunction requiring Falco to trim a hedge that had grown to block his view.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended that by allowing her hedge to grow over 18 feet, the defendant trespassed on his property and interfered with his quiet enjoyment. The plaintiff claimed that prior to him purchasing the property, the defendant, who was a licensed real estate broker, assured him that she would keep her hedge trimmed so as not to block the view. Because the plaintiff relied on the defendant's assurance, he claimed she was obligated to keep the hedge trimmed. The plaintiff also claimed that the defendant reneged on her promise because she believed the plaintiff was planning to build a second story to his house.

DEFENDANT'S CONTENTIONS:
The defendant contended that she was not obligated to trim the hedge because there was no recorded easement pertaining to views and further, the hedge maintained her privacy. The defendant also denied having made any assurance about the height of the hedge.

Damages

The plaintiff sought unspecified damages for trespass and interference with the quiet enjoyment of his property. The plaintiff also sought $100,000 for diminution of value of his property.

Result

An equitable award requiring the defendant to trim her hedge to a height of no more than 10 feet was granted by the court.