Hmmm. I guess I would just sneak over in the middle of the night, band it, let it die and then wait for him to sue me. I would then counter claim. My guess is that he is too stoned to even notice.
There are some kinds of trees that are notorious for their invasive root systems. It’s likely that this ailanthus “Tree of Heaven” did some damage.
I know that I foolishly let a foreign garbage wild tree grow next to my house for a couple of years. It was pervasive and prolific in its growth. Even after cutting it off at the base, it would sprout new growth immediately. I finally had to get my B&D Black Maxx right angle drill and 18 inch long 1” boring bit and drill three holes in the top of the cut off base. I think poured straight Roundup down the holes and repeated until the whole gallon was gone. That sucker was then Dead Right There.
I think the parents of Tomei are probably using the amount of the suit to make this fool do what he should. At least I hope that’s what they are doing.