Man Sues County Over Sidewalks

Barry Gabrielson likes the look of three liquidambar trees in front of his Henry Drive home--he just doesn’t like what they are doing to his property.

In the past 15 years, the trees’ roots have caused considerable damage to the sidewalk and curb, cracking and splitting the pavement and concrete. The roots uprooted two concrete planters along the right side of Gabrielson’s home so much so that in August the county issued him a citation ordering him to replace the planters for safety reasons.

Gabrielson complied, then took the county to court.

He is suing in small claims court for the $5,000 maximum allowed to cover the nearly $2,000 cost of replacing the planters and the gates that lead to his backyard. He is also asking the county to reimburse him for the cost of getting the proper permits and chopping the trees down.

Gabrielson, who lives on unincorporated land, says the county should fix the damage caused by the 40-year-old trees because he contends that they are located in an area near the sidewalk that the county is responsible for maintaining.

But county officials say Gabrielson is responsible for his sidewalks, parkway and curb, according to a 1968 county ordinance.

“These types of claims have gone before the court numerous times before in the last 30 years, and the court has upheld the county’s position,” said Ventura County Supervisor Kathy Long, who represents the neighborhood where Gabrielson lives.

The county’s Public Works Department spent Wednesday and Thursday patching the sidewalks as part of its regular maintenance, but that’s the most the county will do for sidewalks in unincorporated areas, Long said.