Rickel v. Komaromi, 2011 Conn. Super. LEXIS 5254 (Superior Ct. Conn., July 13, 2011): Caryn Rickel, who took his case without a lawyer, complained that his neighbours Mike and Roberta Komaromi had planted bamboo in their garden without a containment plan. As a result, his garden was overrun with invasive bamboo. The story begins with bamboo and ends with a victory for the bamboo killers. Invasive plant specialist Environet warned homeowners against planting bamboo, saying it`s important to be aware of the risks. The Komaromis were complacent, arguing that they did not have to fence the bamboo.
Well, as is usually the case, when concrete facts collide with justice, the courts find a way to compensate the victim. So it happened here (and just on the southern border of the Bay State) that the Massachusetts rule didn`t cut the ice in Connecticut. Bamboo is not a very good idea. Unless you`re like Mike and Roberta Komaromi, who just didn`t fall for their bamboo stall galloping on neighbor Caryn Rickel`s property. We usually complain about people who are stupid enough to represent themselves, but we reluctantly admit here that lawyer Caryn stood firm. My neighbor has bamboo growing along our fence, and now the bamboo shoots are coming into my garden. How can I get rid of the urges and prevent others from appearing? And on Wednesday, the Supreme Court said the judge did it just before and that landowners must prove that the value of their property had been damaged by their neighbors` transgressions to file a complaint. The decision ended the Kornbleuth trial. „It is unfortunate that bamboo is still sold in garden centres and nurseries across the country without any warning of the risks. Mike and Bobbi, who hired a lawyer, filed a motion to dismiss the lawsuit as legally inadequate.
That is, they claimed that if everything Caryn said in the complaint was true, she still was not entitled to release. So, will Caryn win an injunction to eradicate bamboo? Stay tuned tomorrow. But the „bamboo curtains“, literally, are always with us. From time to time, I remember this when I come across a case involving a bamboo stockpile, an assault that usually begins when a well-meaning owner (who might expect an attack from hungry pandas) plants a small bamboo stall in their garden. Two to three times a year, you can use a sharp spade to cut new shoots that appear on your property. Once cut, they die and do not need to be excavated. If you were to use a herbicide to kill bamboo on your side of the fence, your neighbor`s mother plant could be severely damaged. This isn`t the first time the non-native plant, which grows explosively, has caused problems in New Jersey.
More than a dozen municipalities have issued ordinances regulating where bamboo can be planted. Stories of neighbors fighting against their neighbors because of flora abound. There are many agglomerated bamboos that are not invasive and form beautiful landscape plants. For more information, see www.bamboo.org. However, bamboo roots can travel more than 10 meters, growing through bricks, drains, cavities, terraces and cracks in the concrete. Backyard Battle: Dynasties clash as Zisa and Calabrese tighten their horns in the battle over the Hackensack property The Westovers wanted bamboo to disappear. The Kornbleuth don`t. „It would be much less popular if people realized that in a few years they could face a large-scale infestation that can spread across borders to neighboring properties, which can lead to litigation and serious damage to homes that can be extremely expensive to repair.“ Joseph and Donna Kornbleuth`s home was separated from Thomas and Betsy Westover`s by a bamboo growth the size of a large house of about 3,000 square meters.
Second, the Komaromis` liability for negligence on public policy grounds must extend to the Caryns. We examined (1) the normal expectations of participants in the study activity; (2) public policy to encourage participation in the activity by balancing the safety of participants; (3) avoid further litigation; and (4) decisions of other jurisdictions. Given these four factors, the Court „supports the conclusion that it should impose an obligation on a landowner not to plant bamboo without a containment plan to avoid harming adjacent property.“ Here, Mike and Bobbi complained that Caryn had not claimed that they had a legal obligation to her. The question comes when a homeowner complained that his neighbor`s bamboo had grown to more than six feet tall and appeared in his lawn and patio. How did Caryn behave? At first, she claimed that the Komaromis planted bamboo without a containment plan and saw the non-native plant completely invade Caryn`s backyard.