Saginaw County Tree-Marking Trespass Class Action Lawsuit

Please fully read this material. You need not take action at this time but you may wish to contact the law firm.

Homeowners throughout the region have recently describe the same story. A tree that has shaded a yard for decades suddenly appears with a bright blue paint blaze. A privacy row planted for family seclusion is openly tagged for removal. A maple at the edge of a driveway is proposed to be cut back so aggressively that it may not survive. Objections are being ignored. And in nearly all cases, the marking was presented as a fait accompli—as though the decision belonged to the marker, not the owner. Michigan law says otherwise.

Across Saginaw County, property owners have discovered an unsettling sight: their trees on suddenly defaced with blue painted dots, Xs, and stripes. We’ve learned that Consumers Energy has invaded our community and wants to undertake what they call “routine maintenance.” But it is anything but routine. It is a physical intrusion onto private land and an appropriation of your property rights that we think the law does not tolerate.

A class action lawsuit has been filed on behalf of Saginaw County property owners whose trees have been permanently marked, painted, or harmed without lawful authority. Michigan law treats a tree as part of the land itself - a “fixture” of value, rooted in title and ownership, not a public commodity to be modified at someone else’s convenience. When a utility contractor or other entity crosses onto private land and alters or damages a tree, that act can constitute trespass, wrongful interference with property rights, and a statutory violation under Michigan’s trespass-to-trees law. Under that statute, landowners may recover repair costs and the value of the tree, the broader loss in property value, the cost to clean and restore the land, and—in many circumstances—treble damages.

The lawsuit is focused on the entities responsible for these intrusions and injuries. It seeks accountability where private trees have been treated as expendable, or where contractors have operated under the mistaken belief that easements and right-of-way agreements grant open-ended authority over privately owned trees. A paint mark, by itself, can be a legal injury. A cut limb, a topped crown, or a destroyed tree is a measurable loss that the law requires to be compensated. Where the trunk stands on or near the property line, additional protections apply, because no one may unilaterally claim ownership or control over a boundary tree.

But the lawsuit is about more than the trees themselves. It is about the right of a property owner to decide what happens on his or her own land. It is about preventing administrative convenience as a substitute for lawful authority. And it is about restoring the principle that private property is not a privilege held by utilities. The law, in our view, provides a guarantee that cannot be set aside because a tree crew prefers to avoid the trouble of seeking consent.

If your trees in Saginaw County or nearby areas have been marked, painted, cut, or damaged without permission, you may have legally enforceable rights. Photographs of the markings, the tree’s condition, surrounding landmarks, and any debris or equipment can be significant. Written recollections of dates, conversations, notices received—or the lack of notices—are equally important. Surveys, plats, property descriptions, or any communication from those who performed the marking may also assist in determining the full legal implications.

The legal team is actively collecting information from affected homeowners. If you believe your trees were marked or injured without your consent, we encourage you to contact our office using the form below. There is no obligation. The information you provide will help determine whether your experience fits within the larger pattern clearly emerging across Saginaw County.

Your land is your own. Your trees are part of that land. Michigan law, we assert, protects both.