Two former Lake Tahoe property owners should pay a $50,000 penalty for poisoning 10 trees to improve views of the lake and surrounding mountain scenery, land-use regulators said Tuesday.
In the second such case within three months, the Tahoe Regional Planning Agency is scheduled today to discuss a problem some fear could be an emerging trend.
"The fact we're seeing more of these tree-poisoning cases is of particular concern to TRPA," said Joanne Marchetta, the agency's chief counsel. "We need to nip this kind of violation in the bud."
Mike Johnson, the lawyer representing Cam and Charlene Lindberg in their dispute with TRPA, said his clients deny any role in poisoning trees on property they used to own in the South Lake Tahoe area.
"They didn't do it. They don't know who did it," Johnson said, declining to discuss the matter in detail until after today's hearing.
The dispute stems from the August 2004 discovery on the Lindberg land of 10 red and white fir trees that had apparently been poisoned with rock salt. Agency inspectors responded to a request by the Lindbergs for a permit to remove dead or diseased trees from their land, which subsequently sold for $800,000, according to TRPA officials.
"The poisoned trees, once removed, opened up and improved the scenic view corridors from the Lindberg residence," said a staff report to be reviewed today by the governing board. "That the house (was) being marketed for sale only strengthens the motive to remove obstructions to the property's scenic views, and the sale for $800,000 provides a strong basis to conclude that the Lindbergs benefited from the violation."
According to the report, the Lindbergs offered the agency several possible explanations for what happened to the trees. One was that runoff from salt used to keep their driveway clear of ice and snow might have been responsible, a contention TRPA officials discounted because the trees are uphill from the driveway.
A suggestion a neighbor might have been responsible also was discounted because there would be no obvious benefit to any neighbor, TRPA officials said.
In a September 2005 letter to TRPA, the Lindbergs' lawyers said their clients "categorically deny" every allegation made by the agency and would be willing to do so under oath.
"They have no knowledge of who may have done so and will not engage in speculation," wrote attorney J. Dennis Crabb. "They have no knowledge of how the damage occurred or who may be responsible."
TRPA legal officials insist the Lindbergs are liable, even without personal knowledge of what happened to the trees. Lawyers for TRPA are recommending the couple pay $50,000 and agree to a restoration plan to replace the trees. Otherwise, the agency should sue the Lindbergs in federal court, officials said.
Three months ago, the agency levied a $50,000 fine against a north Lake Tahoe property owner who admitted to poisoning three trees with herbicide to improve his view. In agreeing to pay the fine, John Fitzhenry said he was "deeply regretful" over his actions.
That fine was increased from a proposed penalty of $17,000 amid concern the amount was insufficient to discourage wealthy Tahoe property owners from taking illegal actions that substantially increase value of their land.
TRPA's governors today could increase or decrease the recommended $50,000 penalty against the Lindbergs.