Late last month a legal battle kicked off between two neighbors on the island of Nantucket.
The plaintiff is Patricia Belford, trustee of the Belford Family Trust. The trust owns oceanside property at 1 Tautemo Way.
Patricia claims that her neighbor, Jonathan Jacoby, unlawfully entered the property and cut down at least 16 mature trees.
According to the complaint filed in Nantucket Superior Court, the trees included cedar, cherry, and cypress, “many of which were over 30 feet in height and decades old.”
Pamela estimates the trees’ replacement cost to be upward of $486,000.
Moreover, the complaint states that shortly after the alleged incident, Jonathan listed his property for sale, “boldly boasting its ‘sweeping view of the Atlantic Ocean.'”
The lawsuit lists four causes of action: (1) trespassing, (2) violation of the tree-cutting statute G.L. c. 242, Sec. 7, (3) conversion, and (4) intentional infliction of emotional distess.
The trust seeks compensation for the trees, punitive damages for emotional distress, and statutory damages for violating the state’s tree-cutting law.
How did the defendant Jacoby get this case dismissed and/or removed to federal court?