Condo association sues neighbors in attempt to remove tree from yard

Kyle Barnett Oct. 29, 2012, 2:43am

David R. Aden

NEW ORLEANS – A New Orleans-based condominium association is suing over damages created by a neighbor's trees.

Commodore Condominium Association filed suit against Frank and Colleen Barber and Greater Northern Insurance in the Orleans Parish Civil District Court on Sept. 19.

Commodore claims that the root systems of a water oak and holly grove trees owned by the Barbers are pushing against a concrete wall separating the properties resulting in damage to its property. The plaintiff alleges that the concrete wall in their carport area has an eight inch bulge in it and was in danger of falling. In addition, Commodore asserts that it first notified the defendants of the problem in 2006, but received no response and that afterwards the problem worsened. The plaintiff claims it had to hire a contractor to remove the most affected area of the wall to confirm the tree's root system was the causing the structural problem.

The plaintiff is requesting permanent removal of the trees.

Commodore Condominium Association is represented by David R. Aden of the New Orleans-based Law Office of David Aden, LLC.

The case has been assigned to Division A Judge Tiffany G. Chase.

Case no. 2012-08928.

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