By Daily Press Staff report
Even a judge couldn’t persuade two neighbors from Venice to settle a little dispute over whether one could cut vines near the fence separating the two.
The case illustrates that when both sides go for broke, at least one may be unhappy with the outcome.
Roman Przybylski and Susan Moltzan share a property line. He’s lived there 37 years, while she moved in three years ago. But seniority doesn’t count when such disputes come to Santa Monica Small Claims Court.
Przybylski sued for $900 damages after Moltzan trimmed ivy that began on his property but grew over to her side. The vines were rotted, unsightly and made it difficult to maneuver her mower, she complained, showing photos. He claimed it would cost $900 to buy and plant new ones.
The fence separating the property is several inches into his yard, but Judge Pro Tem Stu Rissman said the case wasn’t as simple as it appeared.
There could be public health issues, he noted. If the fire department became interested fire fighters could chop down everything, no questions asked, he added. Under the circumstances, he tried to broker a deal by noting that newly-planted vines would take years to grow.
“I was just cleaning up my yard,” Moltzan pleaded, noting that some vines had taken root on her side.
“I was just cleaning up my yard.” — — SUSAN MOLTZAN Defendant
“She destroyed my privacy,” complained Przybylski.
“We have a concept here,” Judge Rissman lectured. “The concept is called neighbors. The property marker is only as good as the neighbors. I might not live long enough to see that ivy to maturity.”
When it became clear that no amount of brokering would solve the neighborly differences, Rissman ended the case. He later ruled in Moltzan’s favor, holding that she owed Przybylski nothing.
Rissman ruled without comment. But during the case, he seemed troubled that Przybylski couldn’t say how he arrived at $900 figure other than by “asking around.”
Originally published in the Santa Monica Daily Press print edition on September 14, 2002. Read the original PDF.