Trees vs. Solar Panels in Calif.

Carolynn Bissett and husband Richard Treanor stand in front of the their redwood trees in Sunnyvale, Calif. The couple is being prosecuted because the shade from the trees overlaps solar panels on their neighbor's trellis at upper left.

Santa Clara County, Calif. prosecuted a Sunnyvale couple using a little-known California law—because their redwood trees cast a shadow over a neighbor’s solar panels. Experts say such clashes could become more common as California promotes renewable energy and solar systems become more popular.

“Five or 10 years ago, you wouldn’t have seen this case because there weren’t that many systems around,” said Frank Schiavo, a retired environmental-studies professor at San Jose State University. “I can almost guarantee there are going to be more conflicts.”

Years of Conflict

After more than six years of legal wrangling, a judge recently ordered Richard Treanor and his wife, Carolyn Bissett, to cut down two of their eight redwoods, citing an obscure state law that protects a homeowner’s right to sunlight.

The couple does not plan to appeal the ruling because they can no longer afford the legal expenses, but they plan to lobby state lawmakers to change or scrap the law.

The Solar Shade Control Act means that homeowners can “suddenly become a criminal the day a tree grows big enough to shade a solar panel,” Treanor said.

Richard Treanor and Carolynn Bissett own a Toyota Prius hybrid car and consider themselves environmentalists. But they refused to cut down any of the trees behind their house on Benton Street, saying they’ve done nothing wrong.

“We’re just living here in peace. We want to be left alone,” said Bissett.

Their neighbor Mark Vargas considers himself an environmentalist, too.

Vargas said he first asked Treanor and Bissett to chop down the eight redwoods, which the couple had planted from 1997 to 1999 along the fence separating their yards. Later, he asked them to trim the trees to about 15 feet.

“I offered to pay for the removal of the trees. I said let’s try to work something out,” Vargas said.

Then he installed the panels.

Bitter Dispute

After several years of squabbling and failed mediation, Vargas filed a complaint with the Santa Clara County district attorney arguing that the trees reduce the amount of electricity he can generate.

In 2005, prosecutors sent Treanor and Bissett a letter informing them that they were in violation of California’s Solar Shade Control Act and that if they didn’t “abate the violation” within 30 days, they would face fines of up to $1,000 a day.

In December, Santa Clara County Superior Court Judge Kurt Kumli found the couple guilty of one count of violating the Solar Shade Control Act. In a partial victory for each side, he ruled that six of the trees can remain and that the two generating the most shade must be removed.

Sources: San Jose Mercury News, Associated Press