Michigan man wanted neighbour's trees cut down, agreed to pay $2,000 towards removal, then sued him twice; court rules he cannot reopen the same dispute

A dispute between two neighbours in Michigan over trees that allegedly threatened a barn has ended with an appeals court ruling against the homeowner who wanted them removed. The disagreement began after Seth Merle and Richard Hagopian agreed to contribute $2,000 each towards cutting down the trees. However, the work never went ahead, leading to a legal battle over the money and the condition of the trees. After an earlier court ordered Merle to return Hagopian's $2,000, the homeowner filed another lawsuit over the same trees. But on September 23, the Michigan Court of Appeals ruled that he could not reopen a dispute that had already been considered by a court.

According to the judgment, the case involved two neighbouring properties in Livingston County, Michigan. Merle owned a property with a barn at the rear, close to land belonging to Hagopian. Several trees stood on Hagopian's property, with some branches extending across the boundary.

Merle was concerned that the trees could fall and damage his barn. He hired an expert to inspect them, who reportedly warned that some could fall onto his property within a year.


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Neighbours agree to split $4,000 tree removal cost

To address the problem, the two neighbours entered into a written agreement to share the expense of removing the trees. Under the arrangement, Merle would organise the work, while both men would contribute $2,000 towards the cost.

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The agreement also stated that Merle would return Hagopian's contribution if the tree removal could not be completed.

However, the work never took place, and Hagopian did not receive his money back. The disagreement eventually moved to court, with Hagopian approaching a small claims court to recover the $2,000.

Court orders homeowner to refund neighbour's $2,000

During the proceedings, Merle argued that Hagopian had failed to maintain the trees properly and that their condition had caused him damage.

The court ruled in Hagopian's favour and directed Merle to repay the $2,000, along with court costs. It also dismissed Merle's allegation that Hagopian had been negligent in looking after the trees.

The earlier court considered the dispute over the trees to have been resolved. It further stated that if any of the trees subsequently fell and damaged Merle's property, he would be responsible for the resulting damage.

Homeowner files second lawsuit over the same trees

Despite the earlier ruling, Merle initiated another legal case concerning the trees on Hagopian's property. He again alleged that they posed a danger because of poor maintenance and raised concerns about branches extending over his land.

Hagopian opposed the fresh lawsuit, arguing that the matter had already been addressed in the earlier proceedings and could not be brought before the court again.

Merle maintained that the first case had primarily dealt with the recovery of Hagopian's money. He argued that the potential danger posed by the trees had not been properly examined.

However, the second court noted that Merle had himself raised the issue of negligent tree maintenance during the original proceedings. His earlier allegations meant that the question of Hagopian's responsibility for the condition of the trees had already been considered.

The court rejected Merle's attempt to reopen the matter. He subsequently challenged that decision before the Michigan Court of Appeals.

Michigan Court of Appeals rejects second lawsuit

The appeals court examined whether Merle could pursue another case when the earlier proceedings had already dealt with his allegations about the trees.

Merle argued that the problem was ongoing because Hagopian had continued to leave the trees unattended. He contended that each day the trees remained in that condition amounted to a fresh failure by his neighbour to address the alleged danger.

The appeals court disagreed. It found that the earlier court had already examined Merle's allegation that Hagopian was negligent in maintaining the trees and had rejected it.

The judges also noted that the second lawsuit was based on the same alleged failure to maintain the trees. The fact that the trees were still standing did not, by itself, give Merle grounds to bring the same complaint before the court again.

The appeals court therefore ruled against Merle, holding that he could not relitigate an issue that had already been decided between the two neighbours.