Class Action Filed for Trespass and Unauthorized Marking of Private Trees Across Saginaw County

Outside Legal Counsel PLC and Gronda PLC have filed a sweeping class action lawsuit in Saginaw County against Consumers Energy Company and its vegetation-management contractor, ArborMetrics Solutions, after homeowners across the county began discovering unexplained blue paint markings on healthy trees located well within their private yards and woodlots. The suit, brought on behalf of plaintiff Scott William Kuchar and all similarly situated residents, alleges a pattern of unauthorized entries and unpermitted alterations to private property under the guise of routine line maintenance. 

The dispute began when property owners found bright blue dots and slash marks onto the bark of tree that have stood for years without ever touching or threatening Consumers Energy’s overhead lines. The homeowners later learned that contractors acting for Consumers Energy had crossed onto private land and begun identifying trees for trimming or removal under a blanket “clearance” program that demands up to fifteen feet of space on each side of certain lines.

The lawsuit alleges that this program disregards settled Michigan property law. Easements, where they exist at all, are limited grants - not blank checks - and require strict proof of scope. Consumers Energy, the suit argues, has neither produced nor justified any easement that would authorize its agents to walk onto private land and mark non-interfering trees with permanent paint. Nor, according to the complaint, can the utility enlarge the scope of any easement simply by asserting a countywide vegetation-removal regime untethered from actual line conditions. 

“This case is about a basic property rights,” said attorney Philip L. Ellison, lead co-counsel. “Providing power does not give a utility the right to ignore legal rights that every property owner enjoys. No company gets to invade private land, mark irreplaceable trees, and threaten their destruction without proving the legal basis for doing so.”

For countless homeowners, the issue is much more than aesthetic. Mature trees provide shade, environmental protection, storm buffering, ornamentation, and real property value. They are part of Michigan’s landscape and identity. The complaint points out that once a healthy mature tree is cut or aggressively “crowned,” the damage is permanent. No monetary payment can restore the decades of growth, structure, and presence that make these trees unique. The lawsuit therefore seeks not only damages and exemplary damages, but also a declaration that utilities must prove the existence and limits of any easement before marking or altering trees.

The class action seeks to represent all Saginaw County property owners who received unauthorized blue markings on healthy, non-interfering trees or who were threatened with excessive trimming under the disputed program. The complaint alleges trespass, threatened trespass, wrongful interference with property rights, and statutory trespass to trees under MCL 600.2919, which allows treble damages for unauthorized injury to trees. It paints a picture of a wide spread practice — one in which families, retirees, and long-time homeowners awoke to find contractors on their land defacing their trees without explanation or legal authority.

To help residents understand their rights and follow the case, Outside Legal Counsel has launched SaginawTrees.com, a public information hub providing photographs, updates, and resources for affected homeowners. “People deserve clarity,” “Your land is your land. Your trees are your trees. And the law still draws that line,” Ellison said. 

The case, Kuchar v. Consumers Energy Co, was filed November 17, 2025, in the 10th Judicial Circuit Court for Saginaw County. The full class action complaint is available at www.SaginawTrees.com.