12.19 am, Sunday November 22 2009

DiCaprio 'wrecks neighbour's garden'

09:00 AEST Mon May 14 2007
Snapper Media
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Leonardo DiCaprio has been fighting to save the world from climate change — but the star's neighbours claim it is he who is wrecking their environment.

The Departed actor — who will debut his environmentalist call to action film The 11th Hour at Cannes next week — is being taken to task in court for allegedly undermining and trashing the garden of his neighbours' multi-million dollar mansion.

DiCaprio is being sued for "maliciously" crossing onto a neighbouring couple's property while renovating his Hollywood Hills home — cutting and removing hedges, excavating earth and bedrock which the couple claims destabilised their swimming pool and patio decking, according to the lawsuit.

Ronald and Joan Linclau filed the documents in Los Angeles Superior Court suing for a sum of at least $300,000 for trespass and removal of the support for their land — and for being a nuisance.

The pair claim the damage was done while DiCaprio was renovating his home to build a basketball court.

DiCaprio owns a home in the ultra-exclusive Hollywood Hills on Oriole Way, a property that ajoins the Linclau's home on Thrasher Avenue.

The documents state: "Properties of Plaintiffs and Defendants adjoin each other at Plaintiffs' southern boundary. Plaintiffs land in its natural state was receiving and continues to receive lateral support from Defendant's adjoining land."

The couple claim in the papers that DiCaprio undermined their property when he began building his basketball court.

The papers state: "On or about July 1, 2004, defendants (DiCaprio) commenced construction of a basketball/sports court on the Oriole property behind defendants home.

"In the process of constructing the basketball court on the Oriole Way Property, defendants entered Plaintiffs Thrasher Property, cut and removed hedges and other plants that were the property of Plaintiff; excavated earth, granite and bedrock that was part of Plaintiff's property; and cut, excavated and removed the toe of the slope located in part on the Thrasher Property and in part on the Oriole Way Property, compromising and interfering with the lateral and subjacent support of Plaintiff's land.

"In doing the same, Defendants destabilized the hillside slope running behind Plaintiffs Thrasher Property and in the process undermined the support for Plaintiff's deck and pool above.

"Defendants action, as alleged above were done without the consent or permission of Plaintiffs, were done without authority and were done intentionally with Defendants full knowledge that they were encroaching on Plaintiffs land and doing damage to Plaintiffs Thrasher Property."

The couple claim to that DiCaprio ignored warnings from them that he was damaging their home.

The suit states: "During and after the first instance of trespass, Plaintiffs demanded that Defendants stop trespassing on their land immediately and take no action to excavate or otherwise harm Plaintiff's property.

"Defendant's ignored Plaintiff's demands and continued to trespass onto Plaintiffs Thrasher Property and damage it."

The neighbors assert that damages exceed (A$300,000) $250,000.

A rep for the actor was not immediately available for comment.

DiCaprio — who presented former U.S. president Al Gore with the Oscar for his film An Inconvenient Truth — has also has refused to pay for the damage, according to the lawsuit.

 
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