[WSBARP] Nuisance

[swhite8893 at aol.com]

I would think there is no statute which allows the hedge to be maintained.
There is simply no statute which prohibits it. I would therefore think RCW
7.48.160 has no application.


Stephen Whitehouse
Whitehouse & Nichols, LLP
Attorneys at Law
P.O. Box 1273
601 W. Railroad Ave.
Shelton, Wa. 98584
360-426-5885
swhite8893 at aol.com


-----Original Message-----
From: Ronald Housh <ron at housh.org>
To: wsbarp <wsbarp at lists.wsbarppt.com>
Cc: Ronald Housh <ron at housh.org>
Sent: Tue, Feb 11, 2014 6:31 pm
Subject: Re: [WSBARP] Nuisance


Have not researched the issue yet, but curious if anyone has made the
following argument or similar argument (with or without success)?





RCW 7.48.160  states that “nothing which is done or maintained under the
express authority of a statute can be deemed a nuisance.”  


Neighbor complains that hedge is a nuisance, i.e. impairs line of sight
while exiting driveway. 

Municipality investigates and concludes that hedge does not violate
applicable local code.

Nevertheless neighbor sues owner of hedge alleging both private and public
nuisance [be thankful for good neighbors!!].

How meritorious is the argument that the hedge is maintained under the
express authority of local code and thus is not a nuisance per RCW
7.48.160 OR does that argument fail absent a state statute expressly
dealing with hedges?

Thanks,

Ron







NOTE:  I AM GENERALLY IN THE SEATTLE OFFICE ON TUESDAYS AND THURSDAYS AND
THE MOUNT VERNON OFFICE ON MONDAYS, WEDNESDAYS AND FRIDAYS

Ronald G. Housh P.S.


Seattle office:
1420 Fifth Avenue Suite 3000
Seattle, WA 98101-2393
Phone: 206-381-1341
Fax: 206-464-0461
ron at housh.org


Mount Vernon office:
21411 Blue Jay Place
Mount Vernon, WA 98274
Phone: 360-445-3327
ron at housh.org




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