Going Green Makes Neighbors See Red

California Homeowners Duke It Out In Court Over Trees That Block Solar Panels

(CBS)  Mark Vargas was trying to his part for the planet when he installed 128 solar panels on his roof - at a cost of $70,000.

"Solar power is very important, not only to me, but to the environment," Vargas said.

Unfortunately for him, nature got in his way, CBS News correspondent Ben Tracy reports.

"The trees are beautiful," said Vargas' neighbor, Richard Treanor. "Those solar panels are not."

Treanor lives across the fence. He's all for the environment - and even drives a hybrid car. Ten years ago he planted several redwoods to provide a little privacy.

Now they have his neighbor seeing red.

"He called us over the fence one day and said, 'I am going to be installing solar panels and therefore you have to take your trees down,'" Treanor said.

The problem was that the trees would block the sun, reducing power to the panels. So the neighbors went to court.

"It was an all-out assault on all of our trees," Treanor said.

As it turns out, the law was on the side of the sun.

The California solar shade act requires homeowners to keep their trees from shading more than 10 percent of their neighbors' solar panels between 10 a.m. and 2 p.m.

The experts determined that 15 percent of the solar panels were being blocked by the neighbors' trees. That meant the trees were in violation and the neighbors that own them … were criminals.

"We were convicted of one count of violation of the California Solar Shade Act," Treanor said.

By court order, Treanor had to give on of his offending trees a shave. With solar panels are now big business in California, legal experts say fights over them are just getting started.

"As solar panels become more cost-effective, you are going to see more and more disputes between homeowners of this nature," said Buzz Williams of Stanford University. "Hopefully what you won't see are disputes in criminal courts."

"Reasonable people who both care for the environment should be able to find a resolution here," Vargas said.

But that would require an inconvenient truce.

[whatsnext987]

Redwood trees grow to be 100 ft tall. That is a lot of privacy, and a lot of shade in the neighbor''s yard. Couldn''t they have planted trees that only get to be 20 ft tall?

[pkelly999]

I had a conversation with someone that went to school with Mark Vargas. He used to drive a corvette, had a Ford SUV, Lexus SUV, powerboat, 2 jetskis and a big Chevy Truck. Does he still have all those gas guzzling vehicles? If so he is the biggest hypocrite! People like him will find what comes around goes around and his bad karma will catch up with him. Those were living trees he had destroyed.

[pkelly999]

I had a conversation with someone that went to school with Mark Vargas. He used to drive a corvette, had a Ford SUV, Lexus SUV, powerboat, 2 jetskis and a big Chevy Truck. Does he still have all those gas guzzling vehicles? If so he is the biggest hypocrite! People like him will find what comes around goes around and his bad karma will catch up with him. Those were living trees he had destroyed.

[Meg003]

Why on earth didn''t that idiot Vargas move someplace without trees, then put up the solar panels? Was he going for a place in the Guiness Book of Jerks?

[jt_lancer]

Do your part for the environment!

Cut down a neighbor''s tree!

[pierson98]

"The California Solar Shade Act," hmmm?

If you were born in California, I sympathize with you. If you moved there on your own, you deserve it. You knew what you were getting into.

[gnytg1245]

When the "greenies" start winning over real "green-trees" this world has gone to hell. These solar nuts need to move to a place that has no trees. Can you imagine communites without trees? Row housing with only homes with solar panels. good grief..WAKE UP CALIFORNIA, you are still a part of this country..

[richtreanor]

Thank you for the excellent story. We are grateful for the national attention to this matter. We support S.B. 1399 co-sponsored by Sens. Simitian and McKlintock here in California, which will hopefully bring some needed balance to this issue.

However, it is frustrating to see some of the stuff put out there by our neighbor. Like... "Reasonable people who both care for the environment should be able to find a resolution here". You would have to have been in mediation with us to appreciate that one! We found out first hand that to Mr. Vargas "reasonable" meant to chop down ALL of our trees! Period.

The DA didn''t disclose that he was going after only 4 of our trees until our third court appearance. All we have ever wanted was some spirit of conciliation. It cost us $38,000, but we found it in Judge Kumli.

Thanks again... Rich Treanor