Legal Question in Environmental Law in Illinois
Weed Killer Distroys Landscaping on Private Property
Last summer our village township maintenance crew used weed killer spray and destroyed beautiful, mature landscaping on private property. We attended a village meeting last summer and brought this to their attention, however, the city is denying that they are involved in the damages. We were told they had checked with their maintenance crew and they said they did not spray the area in question, however, we could see other areas over town that had the same killing affects from the chemical. After our attempt in getting some form of restitution from the village, we decided to wait until this spring and see what vegetation came back and what was actually destroyed. After investigating, we have lost 3 large burning bushes, lilacs, spirea, maple tree, pussy willows, and hydrangeas to name a few. Undoubtedly chemicals destroyed this mature landscaping.... this vegetation would not have died on it�s own all at once. This is truly an environmental issue. The damaged area will have to be completely relandscaped. This should not be at our expense. Should we seek legal assistance and what are our chances of fighting the city? Where do we begin? Please advise.
2 Answers from Attorneys
Re: Weed Killer Distroys Landscaping on Private Property
We have reviewed the information in your e-mail ot 04/29/03. Unfortunately, our case load is such that we would be unable to devote the attention to your case that it deserves and must decline representation. We sincerely appreciate your interest in our firm.
Re: Weed Killer Distroys Landscaping on Private Property
The key issues you present are (i) "causation"; and (ii) the amount of damages.
As to "causation," you will need to establish not only that the Village did the spraying (you will need eye witness testimony or some records from the Village itself) and that the chemical in question caused the killing.
As to the amount of damages, in order for the matter to be economicially viable such that the retention of an attorney is worth it, you will need a fairly significant amount of damages. Given the case, it seems unlikely that any attorney would want to take the case on a "contingent-fee" basis -- getting paid only if you win the suit -- and, therefore, you would probably have to plunk down more money for an attorney than the cost of shrubbery at issue.
-- Kenneth J. Ashman; www.AshmanLawOffices.com; [email protected]
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