If it makes you feel any better Alisande, I too was going to take a year off buying and improve what I had. That was before the 15 miniatures, 2 climbers and 3 bushes that I just got !!!! The 2 climbers and 3 shrubs were a mother's day gift but the miniatures were a result of my lack of will power where roses are concerned. :o)

Lori: You've received a lot of advice, much of it good. I'll try to make this simple. To prevail in any legal action or to get a good settlement, you need convincing evidence that supports your position and your request for relief (compensation). At this point, you don't have any evidence. The developer is already collecting evidence by taking photographs, so he is preparing for a lawsuit. You need to write a letter to the developer that describes in detail what happened, when, exactly what damage occurred, your efforts to resolve the problem, their offer, the developer taking photographs, and your concerns about future damage. Your letter should be written so that a stranger understands exactly what happened, what you want, and feels sympathy for your situation. Your letter should be factual and polite (think of Miss Manners looking over your shoulder as you write). When you write, keep in mind that you are making your case to a stranger -- because you are. Your letter(s) will be read by the attorney who represents the developer and may cause him to urge his client to make a good settlement offer. If the developer doesn't make an acceptable offer, your letter may be read by a judge. You have only one chance to make a good first impression. You always want to make a good impression on a judge. ;-) Writing good evidence letters is one of the most important things people can do to protect their interests, but they rarely take this step. I will put a link to a page with articles about writing evidence letters, "Letters to the Stranger" and creating paper trails at the bottom of this post. Although these articles are about advocacy for children, the principles are the exactly same, regardless of the issue. If I was in your shoes, I would CONSULT with an attorney. Consulting with an attorney is not the same as retaining an attorney. As Spruce said, the attorney may tell you that this is not worth your time, energy and/or money. Litigation is hard - it is financially and emotionally consuming. If you decide to go forward, you will need at least one expert witness who can offer testimony / documentary evidence about the value of the tree, and any other losses you sustained. You received good advice about what kind of expert to contact. Start creating your paper trail now - it's the most important single step you can take to protect your interests. Take care, Pam Here is a link that might be useful: Paper Trails, Letter Writing & Documentation

Freezetag~ I feel your pain! I had almost the same exact thing happen to me. My DH likes "big boy toys" and found a Mini Rod that he just had to have. This thing cost $1000! He has done this w/ several things, found something, had to have it, got it, then in a month it was boring & he wanted something else. So, when he brought it up, I said that I didn't think it was a good idea b/c we had just bought Christmas presents, his work was slow & money was just tight in general. He continued to tell me how cool it was & that he really wanted it, etc. I kept saying (very calmly & nicely, mind you) that he really didn't need it & that it cost a lot of money that we really couldn't afford, etc. Well, he proceeded to get dressed (we were talking over coffee) and walk out the door to go purchase it. As he was leaving, I said again that I did not want him to buy this thing (I wasn't so nice this time) and his reply was, "I don't care." The door shut & he returned w/ this $1000 piece of junk. I didn't get mad b/c he didn't do what I wanted. I got mad b/c he did the wrong thing. Plus, he did it the day before we got married... Lovely start to a marriage there! Plus, there have been very few times that I have said, "No, don't buy -----", I usually don't care b/c we've usually got the extra $. But, when it came time for him to stand up and be a responsible adult, he couldn't do it. We had a very big fight over this & I explained to him why this was so childish, irresponsible, disrespectful, etc... and now I'm over it. But guess what? The toy is old now, he hasn't looked @ it, touched it, or even mentioned it for about 3 weeks now. It still gets to me every time I see it or think about it, but I know it's in the past & I'm trying not to dwell on it... Your story just sounded so much like mine, I'm glad I'm not the only one... I suppose misery loves company... LOL.

As of about 9 AM I am unemployed. It didn't go any way that I had imagined it would so even after all these hours I am still feeling awful. To make a long story short, she begged, pleaded and cried for me not to do that to her, for us to put everything behind us and how bad she needed me. It became so uncomfortable that I told her she was making it hard for me to finish out the day. Eventually her voice began to rise a little so I decided it was time to leave. By the time I was walking out the door she was very angry. Although at that point she didn't say a word, her fingers were banging the register buttons while she was ringing out a customer. Yes, I am relieved to not be going back but I do feel badly for the desperation she was displaying. Call me a softy, but it tugged at my heartstrings. Just wish she had shown how desperate she was to keep me from day one. Thanks to everyone.