John Paul Sanborn
Above average climber
JPS, yes prosecuting for trespass has yielded more reasonable settlements than going after tree value, esp. given that "stumpage" wording.
I've read of a few malicious trespass and encroachment cases out east that went in the favor of the plaintiff, appeal seams to always be the sticking point.
A friend of mine got stuck in a like case where he stated that the customer marked out the area to clear of mostly invasive underbrush. It was relatively small area and i have done similar projects with him, clearing buckthorn, honeysuckle and the like. He was sued for encroachment and the replacement value report by the plaintiffs landscaper was ruled fair, and he was judged liable for $46k. It was settled for $12 k. Of course the plaintiffs never put any money towards restoration.
He had a 2 opinions written that stated he had improved the property, and had offered to plant native shrubs to restore prior to going to court. His client left him flapping in the breeze.