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Owner of solar-powered home fights neighbor's trees, gains little ground - "Right to sunlight"
Tampa Bay - St. Petersburg Times ^ | May 20, 2012 | Will Hobson

Posted on 05/20/2012 7:21:57 AM PDT by Cincinatus' Wife

LARGO — Last summer, Mike Zwalley put a $65,000 solar energy system on his roof. The system — a 30-gallon solar water heater and 44 black panels that convert sunlight into electricity — cut Zwalley's electric bill from $300 to $400 per month to $10 to $20.

About two months after Zwalley installed the system at his waterfront home off Indian Rocks Road, his next-door neighbor planted three cypress trees, each about 10 feet tall, along his property line.

Zwalley, a 58-year-old car salesman, was not happy. He had asked the neighbor, Wade Gibson, not to plant the trees there.

Zwalley found several websites that estimated the trees would grow to between 70 and 100 feet. At that height, they could cast shade on Zwalley's solar panels.

Gibson told Zwalley that he did not think the trees would get that big, but if they did, Gibson would take care of it, according to Zwalley.

That answer wasn't good enough for Zwalley. He called city management. He called state legislators. He called legal experts. They all gave him different forms of the same answer: In Florida, the law is not on your side.

It would be in a few other states, though.

As energy costs continue to rise, legal experts say courts should expect more battles over solar panels and a property owner's rights, or lack thereof, to sunlight.

"We're going to see more and more, and if it's on your rooftop or in your back yard, you're going to be concerned about your neighbor growing trees," said Scott Anders, director of the Energy Policy Initiatives Center in San Diego. "And growing trees is a good thing, right?"

If Zwalley lived in any of the following places,...

(Excerpt) Read more at tampabay.com ...


TOPICS: Crime/Corruption; Culture/Society; Front Page News; Government
KEYWORDS: environment; green; lawyers; regulations; sucker
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To: mountn man
You have to apply the discount factors times the cashflow for each year in the analysis ~ and they'll be different.

Plus, there's not just interest here, there's the amount of money he'd have to earn to get back the difference in cash.

With taxes climbing all the time he might well make back his investment in 5 years (considering interest rates are near 0).

21 posted on 05/20/2012 7:40:14 AM PDT by muawiyah
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To: EGPWS

I’ve got a good neighbor. He didn’t love the big old willow trees in my yard shedding all over the place but he never complained. Xourse after a storm I usually cleaned up the mess they left in his yard first.

He did say that he was thinking about having a party when I cut them down.


22 posted on 05/20/2012 7:40:19 AM PDT by cripplecreek (What does it profit a man if he gains the whole world but loses his soul?)
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To: Cincinatus' Wife

Around here, the hail would destroy his mis-investment in a few years.


23 posted on 05/20/2012 7:41:23 AM PDT by Clay Moore (The heart of the wise inclines to the right, but the heart of a fool to the left. Ecclesiastes 10:2)
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To: markman46
If you pay taxes at the rate Sean Hannity pays them, he's earning about $10,000 per year ~ since that's what he'd have to earn additionally to get that return.

Individuals are different than businesses ~ there's no depreciation on your owner-occupied dwelling.

24 posted on 05/20/2012 7:42:04 AM PDT by muawiyah
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To: Cincinatus' Wife
Spend $65K on money-losing solar panels then spend untold time and money over a problem that may or may not happen years from now?


25 posted on 05/20/2012 7:43:18 AM PDT by P.O.E. (Pray for America)
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To: Cincinatus' Wife

Assuming nothing breaks or needs maintenance, it will pay itself off in 167 - 233 months!


26 posted on 05/20/2012 7:43:49 AM PDT by EEGator
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To: SunTzuWu

Yes, he’s an idiot, but the breakeven point is a whole lot sooner than you think. The US taxpayers are refunding 30% of his cost next April 15. The utility is paying him for contributing to their renewable energy assets in addition to cutting his utility bill - and charging his neighbors more to cover the “solar renewable energy credits”. I don’t know if his state or county gives him something too, but they might. He’ll make out just fine and a whole lot sooner than you think.


27 posted on 05/20/2012 7:47:43 AM PDT by Pollster1 (“A boy becomes a man when a man is needed.” - John Steinbeck)
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To: Cincinatus' Wife

Most likely ,by the time the trees actually are shading the panels it won’t matter to Zwalley.

Although I am kind of surprised by the hatred evinced by some for solar and enviromental concerns.

Of course concern for the enviroment once was called “conservation” and had as its goal maximizing human benefits ,both tangible and intangible, while minimizing destruction of the land,plants,and animals.


28 posted on 05/20/2012 7:47:43 AM PDT by hoosierham (Freedom isn't free)
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To: Mr. K
"This guy has a$$HOLE WRITTEN ALL OVER HIM"

Yes, but he FEEEEEEELS so goooood about what he has done!!!!

29 posted on 05/20/2012 7:48:21 AM PDT by galloway15
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To: Cincinatus' Wife
OK, lets look at the points.

First, when Gibson moved into his home, there wasn't a house with 44 ugly solar panels on it.

About two months after Zwalley installed the system at his waterfront home off Indian Rocks Road, his next-door neighbor planted three cypress trees, each about 10 feet tall, along his property line.

Sounds to me like Mr Gibson planted the trees to block HIS VIEW of Zwalley's property.

Gibson told Zwalley that he did not think the trees would get that big, but if they did, Gibson would take care of it, according to Zwalley.

That answer wasn't good enough for Zwalley.

The correct answer is: Plant more damned MATURE Cypress trees!

30 posted on 05/20/2012 7:48:34 AM PDT by mountn man (Happiness is not a destination, its a way of life.)
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To: Gaffer

How long before he realizes a return on an investment of 65K when his bill was 300 to 400 a month? Can the guy add?


31 posted on 05/20/2012 7:49:39 AM PDT by yldstrk ( My heroes have always been cowboys)
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To: cripplecreek
He did say that he was thinking about having a party when I cut them down.

Yeah, my homestead in MN is surrounded by 60' cottonwoods and a woods on one side.

My neighbor on the other side shares the cottonwoods so we share the efforts of clean up.

I have one 5' tree here in GA and life is good when I'm here! : )

32 posted on 05/20/2012 7:50:48 AM PDT by EGPWS (Trust in God, question everyone else)
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To: EGPWS

In fact Gibson planted the cypress trees to replace shade lost on his driveway and garage after the $65,0000 solar guy cut down his own large oak tree (probably to accommodate and facilitate his “cheap” solar power decision).


33 posted on 05/20/2012 7:51:06 AM PDT by Cincinatus' Wife
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To: Mr. K
This guy has a$$HOLE WRITTEN ALL OVER HIM

Uhhhh....YEAH.

He's a CAR SALESMAN.

Definition
Car salesman: 1. A$$hole

34 posted on 05/20/2012 7:51:32 AM PDT by mountn man (Happiness is not a destination, its a way of life.)
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To: mountn man

You omitted the prime factor in the new equation. When there is no coal or nuclear power, the comparative advantage will shift.

Meantime ,the self esteem value factor will be adequate to justify the cost differential. To calculate the value of self esteem and mental superiority is not possible. Both have large irrational factors


35 posted on 05/20/2012 7:52:39 AM PDT by bert ((K.E. N.P. N.C. +12 ..... Present failure and impending death yield irrational action))
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To: SunTzuWu

It will be interesting to see what happens to all these panels during a hurricane.


36 posted on 05/20/2012 7:53:00 AM PDT by Grams A (The Sun will rise in the East in the morning and God is still on his throne.)
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To: muawiyah

Only to the property line.


37 posted on 05/20/2012 7:54:00 AM PDT by mountn man (Happiness is not a destination, its a way of life.)
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To: Cincinatus' Wife
My feed from the electric company doesn't care where the sun is at any given time of the day or night.

Those are going to be some big-ass trees to "shade" his cells all day long.

I hope the guy who has the trees wins.
38 posted on 05/20/2012 7:54:26 AM PDT by FrankR
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To: vladimir998

Less then that, far less. When the financial markets settle down, and they will, $65,000 invested modestly in a balanced portfolio will bring about 7-8%. This amounts to about $4700.00 or about $400.00 monthly and he would still have the original invested amount.

Of course there are taxes involved but even so his investment in solar at this time is a poor investment choice given the rapid growth of technology in this area.


39 posted on 05/20/2012 7:54:26 AM PDT by galloway15
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To: cripplecreek
I’ve got a good neighbor.

Is his name State Farm?

40 posted on 05/20/2012 7:55:42 AM PDT by mountn man (Happiness is not a destination, its a way of life.)
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