Nicolaidis v. Wechter CA4/1
In 1973, plaintiffs Steve and Zoe Nicolaidis purchased a home in a La Jolla development (the development). At that time, they enjoyed largely uninterrupted southerly views towards the Mission Bay and Point Loma shorelines. However, as the landscaping on other properties in the development matured, portions of their southerly view became obscured. By 1990, the Nicolaidises were complaining that trees on various properties to the south, including trees on the property then owned by Hector and Christina James (the property), were in violation of the landscaping height limitations imposed on lots in the development by the declaration of restrictions governing the development.
Defendant Kevin Wechter acquired the property from the Jameses in 2003, and shortly thereafter the Nicolaidises renewed their request that trees on the property be trimmed. When the Nicolaidises' requests in various contexts were repeatedly rebuffed, they filed the present action against Wechter in 2014.
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