Real Estate Law

NO TRIMMING IN PUBLIC PLACES

In the Village of Scarsdale, you're not allowed to "remove, kill, cut, break or trim any tree, shrub or plant in any street, park or other public place ... without first securing a written permit from the Village Naturalist ...." If that law is violated, you can be criminally prosecuted, as Miriam S. Vagt discovered.

Ms. Vagt was convicted  by a Justice Court of the Village of Scarsdale of four counts of "removal, cutting and trimming in public places" in violation of section 281-11 of the Scarsdale Village Code.

On appeal, the Appellate Term, 9th and 10th Judicial Districts, reversed.

While Ms. Vagt purportedly destroyed village-owned trues, they were apparently situated on "private lands" rather than on public property.

Since that conduct did not violate the law, the conviction was reversed and the charges against her dismissed.

So, did an alleged killer get away with murder?

To view a copy of the Appellate Term's decision, please use this link: People v. Vagt

From Real Estate Law Blog posted 2008-01-02.