CHARLESTON — A man is suing No Crybabies Tree Service claiming it wrongfully cut down trees on his property after he told employees of the business not to do so.
Larry Lovejoy and Donald McClellan were also named as defendants in the suit.
Kenneth Hinzman owns the property Cross Lanes and the property beside his is owned by his neighbor, Lovejoy.
Hinzman claims Lovejoy hired McClelland and his business to cut down trees on Lovejoy's property, according to a complaint filed in Kanawha Circuit Court.
Hinzman claims he discovered someone was on his property and went to communicate with them. He claims they were cutting down trees that were on his property and he informed them that the trees were his and not Lovejoy's and to not cut them down.
"Despite being advised that the trees were on his property, No Crybabies Tree Service went ahead and cut the trees anyway," the complaint states. "A significant, if not determinative factor, in the Plaintiff buying the property is the solitude and privacy that otherwise would have existed with the tree line dividing his property from the other property."
The defendants intentionally and without lawful excuse, entered Hinzman's property and cut down his trees, which caused him damage, according to the suit.
Hinzman claims the defendants unlawfully and deliberately interfered with his personal property and interfered with his enjoyment of his property.
"The defendants willfully interfered with the property of the Plaintiff and committed it to their own use and profit," the complaint states. "As a result of these acts, the Plaintiff has been damaged."
Hinzman is seeking compensatory, consequential and punitive damages with pre- and post-judgment interest. He is represented by Christopher T. Pritt of Pritt and Pritt in Charleston.
The case is assigned to Circuit Judge Kenneth Ballard.
Kanawha Circuit Court case number: 22-C-889
