Court Backs Tree-Cutting to Restore View

The state Court of Appeal has ruled that Rancho Palos Verdes city officials can order a homeowner to trim his trees, even though his lawsuit against a local view-protection ordinance is pending before that court.

But city officials in the wealthy suburb of 47,000 said they won’t show up with chain saws at least until the appeals court decides the full case. The matter may wind up at the state Supreme Court.

The controversial View Restoration and Preservation Ordinance was enacted in 1989 to protect residents’ property-value-enhancing views from being blocked by foliage. It says that residents can compel their neighbors to trim their trees below sightlines, even if their views were blocked when they purchased their houses.

Three years ago, the city’s View Restoration and Preservation Commission voted that resident Norbert Keilbach was entitled to his view of Catalina.

The commission ordered Jon Echevarrieta to trim trees that were blocking Keilbach’s sightlines. Echevarrieta sued the city, charging that forcing tree trims is an unconstitutional taking of his property’s value. Last November, Los Angeles Superior Court upheld the ordinance, allowing the city to force Echevarrieta to trim his trees.

Echevarrieta appealed that decision to the state Court of Appeal, which has yet to rule on the full merits of his argument. If he loses there, he has said, he will appeal to the state Supreme Court.

But last week, the appeals court said there were no grounds to issue a writ to stop the city from proceeding. The court said Rancho Palos Verdes officials had not broken any state laws or violated Echevarrieta’s rights of due process when they ordered him to trim his trees.

Because the court’s decision against issuing a stop order has no bearing on how it may eventually rule on Echevarrieta’s appeal, City Atty. Carol Lynch said, city officials have decided to hold off for now on sending tree trimmers to Echevarrieta’s property.

“The majority of the council felt that it was appropriate to allow Mr. Echevarrieta to complete his review in the courts,” Lynch said.

None of that sits well with Norbert and Herta Keilbach, who say their house is too large for them now that their children are grown, but they can’t sell it for what it is worth because their view is blocked by Echevarrieta’s trees.

“There was an ordinance which was upheld by the courts,” said Norbert Keilbach. “But I don’t have a view. I am looking at trees. I can’t see anything. Until I get my view back, I won’t be a very happy camper.”

“My wife and I are sitting in a house with five bedrooms, and we cannot sell it, unless we want to give it away,” he said. “Do you think I can really sleep? Do you think my wife can sleep, knowing that?”