A Killer View? Tree Cutting Sprouts Suit

Masquerading as Caltrans workers, a group of renegade San Clemente residents cut down or poisoned more than 50 eucalyptus trees that lined a scenic stretch of the Santa Ana Freeway below their homes, the highway agency alleged in a lawsuit filed Tuesday.

The trees, which blocked the ocean views of homes in the neighborhood, were removed over a three-year period by at least four men dressed in orange shirts and matching hard hats typically worn by Caltrans crews, according to the lawsuit. Caltrans is seeking $500,000 from the men to replace the trees and repair damage.

Some residents in the hillside community along Calle Frontera and Calle Juarez have long complained about the trees, saying they obstruct the vistas of the Pacific Ocean and Santa Catalina Island that they paid for when purchasing their homes.

One defendant named in the suit, Phillip Street, strongly denied that he participated in the destruction, which he described as a “clever idea.”

“The whole street is complaining about them,” Street said of the trees, adding that they block the views of about 80 homes. “The original homeowners bought premium-priced lots, and the Caltrans trees grew into the views.”

To his regret, he said the island view from his two-story home is still blocked by four or five trees.

“I wish they had chopped down the ones blocking my view,” he said.

Caltrans alleges that Street, along with three other residents, “maliciously cut” down the trees on five separate occasions between March 1996 and April 1998. The lawsuit was filed less than one month after the defendants were allegedly photographed destroying trees again, according to the lawsuit.

San Clemente Mayor Lois R. Berg said Tuesday she was aware of the tree cutting and praised Caltrans for doggedly investigating the incident.

“This is a malicious act. People have no right to come in the middle of the night and cut down trees,” Berg said. “It shouldn’t happen. It’s breaking the law.”

Illegal tree removal has been a periodic problem in San Clemente, where many homes are located on scenic hills overlooking the ocean. In 1988, more than a dozen eucalyptus trees were downed in a rash of incidents that officials blamed on homeowners trying to improve their views.

Talk about the tree removal spread throughout the neighborhood after California Highway Patrol officers swarmed over one home in the area about three months ago, residents said.

“The police barricaded our cul-de-sac and . . . burst into my neighbor’s home and crashed through the door with machine guns and shotguns,” said Thomas Kern, an engineer who lives three doors away. “They . . . ransacked the house and finally confiscated a chain saw.”

John Beckler, a retired reporter who also lives on the street, said he was “astounded” by the show of police force. He said he counted 13 California Highway Patrol cars parked outside. Officers went in and out of the home but said nothing to the neighbors who lined up to watch. Beckler said he learned later from other neighbors that officers were searching for evidence of tree cutting.

“It was such a scene with police cars lined up bumper to bumper in our little street when one guy cut down some trees,” he said. “It doesn’t make any sense.”

The lawsuit said the trees acted as a natural sound barrier for the freeway and improved the look of the area. Removing them “destroyed” the aesthetics of the area, the suit said. Caltrans officials could not be reached for further comment.

Another resident named in the suit, Steve Glenn, said he had not been served with any court papers and was unaware of the lawsuit. He referred questions to his attorney, who also declined comment until he reviewed the case.

Street said that while the trees frustrated residents, he doesn’t know of anyone who would actually break the law to get rid of them.

“I suppose that people talk about it, but I didn’t hear anybody willing to go out there and cut them down,” he said.