[WSBARP] Noxious Weed Question

[Steve Tubbs]

IMHO, no.  "The Sherrell court [Sherrell v. Selfors, 73 Wash.App. 596, 602, 871 P.2d 168, review denied, 125 Wash.2d 1002, 886 P.2d 1134 (1994)] held the measure of damages in a case  involving injury to or destruction of residential/ornamental trees or shrubs, such as the present case, was the restoration or replacement cost for the vegetation.  Id. at 603, 871 P.2d 168.   See also Tatum v. R & R Cable, Inc., 30 Wash.App. 580, 636 P.2d 508 (1981), review denied, 97 Wash.2d 1007 (1982).”  The KC Noxious Weed Board actively discourages such vegetation, although it does not mandate the same.  Nonetheless, it would be incumbent upon a claimant to prove damages, which would be easily rebutted by any competent nurseryman or horticulturalist.  Blackberries are not only weeds, they are damnable weeds!  Happy hacking!  ST


> On Dec 21, 2016, at 3:51 PM, Catherine Clark <Cat at loccc.com> wrote:
> 
> All:
>  
> Does a blackberry, which is a noxious weed in King County, constitute ornamental shrubbery for purposes of RCW 64.12?
>  
> Catherine C. Clark
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