Helzer Farms v. Allington

Summary

The court affirmed the district court’s judgment affirming an award of $83,157 to Allington for the destruction of trees and vegetation caused by Helzer Farms’ trespass. It held that an owner using land for recreational purposes may recover reasonable restoration costs, including functional replacement costs, and that the applicable damages limitation is not confined to the market value of only the specific acreage damaged. The court also upheld the admission of the expert testimony and found competent evidence supporting the number of replacement trees and the amount awarded.