Neighbor spat over bamboo and Jimmy Buffett reaches appeals court

You’ve heard of the Hatfields and the McCoys. Meet the Hayes and Carrigans of Indian Hill.

Jeffrey Hayes, who lives on 4.7 acres in the wealthy Cincinnati neighborhood, took his next door neighbor Pamela Carrigan to court. Hayes said Carrigan applied a toxic herbicide to his bamboo.

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Carrigan, who lives on 5.2 acres, had her own beef with Hayes: He plays Jimmy Buffett too loud and mows his lawn too early in the morning. On top of that, Carrigan alleged in a countersuit, the bamboo was an invasive nuisance.

The local cops and courts got involved in the bamboo fight.

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In 2016, the trial court decided that each party had committed trespassing, ordered each to pay $11,000, and dismissed their other claims.

That wasn’t good enough for Hayes or Carrigan. They each appealed the decision to the First District Court of Appeals.

First District Judge Dennis Deters wrote in an opinion that Carrigan had not proven trespass and Hayes failed to substantiate his claim for damages. While listening to Margaritaville on repeat and mowers droning at 7:30 a.m. may be annoying, the appeals court decided it didn’t rise to “physical discomfort” and “real, material and substantial” damages.

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