A Kansas appeals court on Friday, upheld a $6,500 damages award against a man whose fence-building project led to 133 trees being cut on a neighbour’s property in 2015.
asserted
trees → uphold → 2015
According to legal research website Justia, the court rejected several challenges raised by accused Douglas H Black, including arguments that the lawsuit was filed too late and that the damages were not properly calculated.
uncertain
damages → accord → arguments
The complainant was Jason Deal, who owns about 120 acres of recreational property in Woodson County, Kansas.
asserted
who → own → County
In March 2015, a fence was rebuilt along the boundary between Deal’s property and land owned at the time by his neighbour, Ivan Black.
asserted
fence → rebuild → neighbour
The fence ran for about 300 feet along the top of a bluff.
asserted
fence → run → bluff
Douglas Black, Ivan’s son, helped build the fence with his brother Mitch Black, William “Ricky” Ward and Yancy Wade, who was Douglas’ stepson.
asserted
who → help → brother
Ivan bought the materials and paid Ward and Wade for the work.
asserted
Ivan → buy → work
However, no survey was carried out before construction to confirm exactly where the property boundary lay.
asserted
boundary → carry → construction
During the work, Wade cut trees in the area where the new fence was being built.
asserted
fence → cut → area
He also cut trees that hung over the planned fence and trees that were considered likely to fall on it.
asserted
that → cut → it
The trees were also left where they fell.
asserted
they → leave → ?
The location later became central to the legal dispute because it was difficult to reach from Deal’s side of the property.
asserted
it → become → property
He could only access it on foot, crossing a creek and climbing a rock bluff.
uncertain
He → access → bluff
Deal usually visited that part of his land only once a year, mainly in spring to look for shed antlers.
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Deal → visit → antlers
Deal discovered trees a year later
Deal said he discovered the fallen trees and the new fence in March 2016, about a year after the fence work.
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he → discover → work
He contacted Ivan Black, but said he received little information.
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he → contact → information
He then contacted Douglas, who confirmed that he had been responsible for cutting the trees.
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he → contact → trees
Deal found that trees had been cut as far as 70 feet from the old fence line.
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trees → find → line
In total, 133 trees on his property had been felled.
asserted
trees → fell → property
Deal then filed a lawsuit against Douglas in December 2017, alleging trespass and seeking damages for the destroyed trees.
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Deal → file → trees
Douglas challenged the case on several grounds, including the argument that Deal had waited too long to sue.
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Deal → challenge → argument
The case did not reach trial quickly.
asserted
case → reach → trial
A bench trial was eventually held in October 2024.
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trial → hold → October
Deal told the court that the property had personal and biological importance to him.
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property → tell → him
He has a degree in Fisheries and Wildlife biology and had worked as a public lands regional supervisor.
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He → have → supervisor
He said he bought the property because it formed part of the Cross Timbers ecosystem and described work he had carried out to improve wildlife habitat, including removing invasive species.
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he → say → species
Both sides brought experts to court to discuss the value of the damaged trees.
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sides → bring → trees
Deal hired consulting forester Ryan Neises.
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Deal → hire → Neises
Neises examined the trees that had been cut and identified 115 post oaks, five hickories, five red oaks, two red cedars, two green ashes, two American elms, one hackberry and one redbud.
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that → examine → oaks
Using his calculations, Neises valued the damage at $13,799.96.
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Neises → use → 13,799.96
Deal also hired forest ecologist and conservation consultant Kevin Church.
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Deal → hire → Church
Using Neises' observations but a different method of calculation, Church placed the value of the downed trees at $61,497.61.
asserted
Church → use → 61,497.61
Meanwhile, Douglas hired consulting arborist and tree expert Ivan Katzer.
asserted
Douglas → hire → Katzer
He estimated the damages at about $1,273.
asserted
He → estimate → 1,273
Katzer said there was no loss of income, no demonstrable effect on the market value of the land and no timber or amenity value for the particular trees.
asserted
Katzer → say → trees
The district court did not accept either of the experts' figures as the final amount.
asserted
court → accept → amount
In August 2025, it ruled that Wade had trespassed onto Deal’s property when trees were cut well beyond the fence line.
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trees → rule → line
Because Wade was found to be Douglas' agent, the court held Douglas responsible for the damage.
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Douglas → find → damage
The court awarded Deal $6,500.
asserted
court → award → 6,500
It also reduced that amount by $400 to account for attorney fees Douglas had incurred because of a last-minute trial continuance requested by Deal’s lawyer.
asserted
Douglas → reduce → lawyer
…and 23 more, not listed.
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