‘I was clearing out her crappy trees': Nantucket man cut neighbor's trees to enhance his property's ocean view, lawsuit says
Jacoby's attorney, James Merberg, did not immediately respond to a request for comment from the Globe.
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Many of the trees that were cut were more than 30-feet tall and served as 'a natural buffer and privacy screen between the Belford home and neighbor's parcels,' according to the lawsuit filed last month in Superior Court in Nantucket.
Belford is suing for negligence, property damage, personal injury, and trespassing. Court documents do not specify how much she is seeking in damages.
Property damage at 1 Tautemo Way, to date, is estimated at more than $486,000, according to court documents.
It would cost $22,114 to buy and transport one 30-foot-tall Leyland cypress, not including planting it, which would require a special contractor, the lawsuit said.
Belford's lawyer, on Sunday, said he would not be available to comment on the lawsuit until Monday.
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When Jacoby cut the trees down on or around Feb. 22, his 'actions were calculated to enhance the ocean view from his own residence at 3 Tautemo Way and were carried out with full knowledge that he lacked any legal right to do so,' the lawsuit said.
'The trees at issue were planted by the Belford family in the 1970s and maintained for nearly five decades,' according to the complaint. 'Their removal was not only a violation of the Plaintiff's property rights, but also caused lasting damage to the character, value, and privacy of the property.'
According to the lawsuit, 'there is an active and ongoing criminal proceeding related to this conduct' arising from a Nantucket Police Department report.
Real estate listings for Jacoby's four-bedroom home, located on nearly half an acre 'on a high spot in sought-after Cisco,' show an asking price of $9,975,000.
Court documents show that Jacoby's former landscaper, Krasimir Kirilov, gave a voluntary statement to Nantucket police on March 11.
Kirilov told police that Jacoby asked him to help with clean up after Jacoby cut down the trees, according to a copy of the 2-1/2 page statement filed with the lawsuit.
'He explained that he cut trees on both his property and his neighbor's property at 1 Tautemo Way,' Kirilov's
handwritten
statement said.
Kirilov told police he balked at doing work on the neighbor's property but Jacoby told him he had permission.
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When Kirilov was finishing up the work, Belford's property manager showed up. He knew nothing about the tree cutting or clean up, according to the statement.
'I was surprised to find that out,' Kirilov's statement said.
Kirilov said he called Jacoby and put him on the phone with the property manager. After they spoke, the property manager told Kirilov he could leave, documents show.
Tonya Alanez can be reached at
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