Bronakowski v. Lindhurst

324 S.W.3d 719, 2009 Ark. App. 513, 2009 Ark. App. LEXIS 568
CourtCourt of Appeals of Arkansas
DecidedJune 24, 2009
DocketCA 08-1151
StatusPublished
Cited by4 cases

This text of 324 S.W.3d 719 (Bronakowski v. Lindhurst) is published on Counsel Stack Legal Research, covering Court of Appeals of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bronakowski v. Lindhurst, 324 S.W.3d 719, 2009 Ark. App. 513, 2009 Ark. App. LEXIS 568 (Ark. Ct. App. 2009).

Opinions

KAREN R. BAKER, Judge.

| íAppellants, John and Judith Brona-kowski, appeal from a Marion County jury award of punitive damages in the amount of $25,000 for the cutting of trees on John and Lisa Lindhursts’ property. On appeal, the Bronakowskis assert that the trial court erred as a matter of law in denying their motion for judgment notwithstanding the verdict, remittitur, or a new trial. We disagree and affirm.

The parties stipulated to the following facts: that the Bronakowskis are the owners of Lot 74 in the Hillcrest Subdivision in Marion County, Arkansas, on the shore of Bull Shoals Lake; that the Lindhursts are the owners of Lot 75, also in Hillcrest Subdivision; that the Bronakowskis or their agents cut trees on the Lindhursts’ property; and that $592.85 is the fair market value of the stumpage of the trees, The Lindhursts’ permanent residence was linear St. Louis, Missouri. When looking for a place to retire, the Lindhursts purchased Lot 75 in the Hillcrest Subdivision in October 1994. Mrs. Lindhurst explained that they purchased Lot 75 specifically because it was “totally wooded.” They planned to build a home and retire to this property and had decided to build their retirement home in the middle of the lot, in the midst of the wooded area “where [they] would feel like [they] were in hundreds of acres.” It was their goal to have complete privacy. When asked if they had ever cut any trees on the lot, Mrs. Lin-dhurst responded that they had not.

On October 8 or 9 of 2005, while at home in Missouri, Mrs. Lindhurst received a call from Larry and Joanne Carter, their neighbors in the Hillcrest Subdivision. The Carters called to inform the Lin-dhursts that the Bronakowskis had hired someone to clear Lot 75 and that this clearing was ongoing at that time. Mrs. Lindhurst immediately called Mr. Brona-kowski. She testified that during this call Mr. Bronakowski “got angry” with her. During a second call Mr. Bronakowski did not give Mrs. Lindhurst an opportunity to resolve the matter; rather, during the conversation he told her to “sue [him].” When asked about the aerial photographs of Lot 74, Mrs. Lindhurst testified that on Lot 74, upon which the Bronakowskis planned to build a home, a lake view had “absolutely” been opened up.

After learning of the tree cutting and Ms. Lindhurst’s telephone conversation with Mr. Bronakowski, the Lindhursts traveled to their property in order to view and evaluate the effect of the Bronakow-skis’ actions on Lot 75. She described what they discovered as “total destruction.” She stated that “about a third of [the lot] on the Bronakowskis’ side was | ^nothing but dirt.” Mrs. Lindhurst identified some of the trees that had been removed as two feet in diameter and sixty-feet tall. She expressed her opinion that those trees were irreplaceable in either her lifetime or her daughter’s lifetime. Regarding the effect that the razing of the trees had on the valuation of her property, she testified Mr. Bronakowski’s removal of the trees on their lot had caused the value of the land to them on a personal level to decrease. More specifically, she testified that the purpose behind the purchase of the land for a future retirement home no longer existed. She stated, “We had picked this piece of property as I had mentioned, as a totally wooded lot. That was the plan, that was our retirement plan where we have some privacy. That was taken away from us.” She explained that she had searched with her husband for two years for a replacement piece of property, but they had not been successful in finding such a property. It was her belief that the Bronakowskis’ actions were intentional, as the Corps of Engineers white line markers were clear and not easily missed. In her opinion, not only had the Bronakowskis’ actions destroyed the aesthetic quality and diminished the value of the land to them, but it had also destroyed her and Mr. Lindhurst’s expectations that they could live out their retirement years peacefully on Lot 75. Mrs. Lindhurst felt that under the circumstances, they were unable to enjoy their property with the company of the Bronakowskis as neighbors. As a result, they planned to sell Lot 75.

Larry Carter testified that he lived in Springfield, Missouri, and also had a home neighboring the Lindhursts’ property in the Hillcrest Subdivision. Mr. Carter was familiar Lwith the history of the Hillcrest Subdivision, as he had owned property there since 1968. He testified that the Childers, neighbors of the Carters, sold their Hillcrest property to the Bronakow-skis. Mr. Carter was familiar with the property as he had visited the Childers when they lived there. Carter testified that there was no view of the lake from the Childers’ front porch. It was during negotiations between the Childers and the Bro-nakowskis that Mr. Carter met the Brona-kowskis.

At one point, the Carters owned Lot 73, next to Lot 74, which the Bronakowskis now owned. The Carters had Lot 73 surveyed at the time of purchase and again when they sold the property. When the second survey was complete, Mr. Brona-kowski and Mr. Carter discussed the location of the corner of Lots 73 and 74, the fact that the survey pin was clearly visible from the road, and the fact that the Corps of Engineers corner was clearly marked. Lots 74 and 75 were both 220 feet wide along the Corps of Engineers white line.

Because the Carters owned the lot across the road from the Lindhursts’ lot, Mr. Carter testified that he was interested in purchasing Lot 75 from the Lindhursts. Around October 2005, after the Bronakow-skis cut the trees on Lot 75, Mr. Carter contacted the Lindhursts and expressed his desire to purchase Lot 75. Mr. Carter prefaced his offer with the fact that despite his interest in the lot, he did not want to get involved in a property dispute or a lawsuit. When asked if the removal of the trees on the Lindhurst property greatly improved the view of the lake from the house that the Bronakowskis lived in originally, Mr. Carter agreed that there was no question that it had. Moreover, Mr. Carter | ^responded “yes” when asked if the clearing improved the view of the lake on Lot 74, where the Bronakowskis’ current house was located. Mr. Carter stated that his opinion was based on his familiarity with the views from Lots 73, 74, and 75.

Mr. Carter testified that his relationship with the Bronakowskis changed following an incident around Thanksgiving 2006. That Thanksgiving weekend, as Mr. Carter and his wife were walking along McBride Road, they heard a car coming from behind them accelerating as it came toward them. The Carters moved quickly toward the ditch. When Mr. Carter turned around, he saw that the driver of the accelerating vehicle was Mr. Brona-kowski. Mr. Carter explained that Mr. Bronakowski came so close to him with his car that if he “had stuck [his] hand out [he] would have lost [his] hand and broken [his] arm.” Mr. Bronakowski and Mr. Carter had not spoken since this incident.

David Swyhart testified that he also lived in the Hillcrest Subdivision. He explained that he met Mr. Lindhurst twelve to fourteen years ago. Swyhart testified that he could see the Lindhursts’ property from his front porch and that he was aware of where the boundaries of most of the lots were located. He first met the Bronakowskis eight or nine years prior to the trial. He and Mr. Bronakowski played cards, fished, played golf, and cooked out together. He explained that before purchasing Lot 74, the Bronakowskis lived in a house on Lots 67 and 68. He agreed that he and Mr. Bronakowski spent a lot of time together. Mr.

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Bronakowski v. Lindhurst
324 S.W.3d 719 (Court of Appeals of Arkansas, 2009)

Cite This Page — Counsel Stack

Bluebook (online)
324 S.W.3d 719, 2009 Ark. App. 513, 2009 Ark. App. LEXIS 568, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bronakowski-v-lindhurst-arkctapp-2009.