Heninger v. Dunn

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• permitting restoration costs under “reason personal” exception where plaintiff lived on land and intended to maintain it as it was before damage occurred
• limiting restoration damages for loss of trees to reasonable costs in relation to the damage inflicted
• $241,257.00 to restore trees and undergrowth \manifestly unreasonable\ in relation to land value which increased from $179,000.00 to $184,000.00 because defendant bulldozed unauthorized road on land
• two hundred twenty-five trees and vegetative undergrowth destroyed in remote mountain land to make a new road that actually enhanced the value of the land as a whole
• $241,257 cost of restoring vegetation to damaged land unreasonable in relation to property value of $179,000 before trespass which increased to $184,000 after trespass
• restoration cost is proper measure where owner has a personal reason for restoring land to its original condition, so long as restoration cost is not unreasonably disproportionate to diminution in market value

Source: CourtListener parenthetical corpus (CC0).