[WSBARP] Seeking Referral for Trouble with Logger/Timber law

[Tom Westbrook]

Hi Paul,

 

If there is a contract that states the timber to be cut and you can get a
copy of the Forest Practices Application to DNR for approval to log, and it
sets out a thinning and not a clear cut, then you can get a preliminary
injunction (ex parte most likely) with show cause hearing. Here's the test:

 

This motion is made pursuant to Superior Court Civil Rule, CR 65. To receive
a preliminary or permanent injunction, Defendants must show: (1) that he has
a clear legal or equitable right; (2) that he has a well-grounded fear of
immediate invasion of that right; (3) that the acts complained of will
result in actual and substantial injury to him; and (4) that the relative
equities of the parties in the public interest favor granting the
injunction. Rabon v. City of Seattle, 135 Wn.2d 278, 957 P.2d 621 (1998);
Tyler Pipe Industries, Inc. v. State Department of Revenue, 96 Wn.2d 785,
638 P.2d 1213 (1982); Washington Federation of State Employees, Council 28,
AFL-CIO v. Washington, 99 Wn.2d 878, 665 P.2d 1337 (1983).

 

I have 20 plus years in the timber industry if you need any advice.

 

Sincerely,

 

Tom

 

Thomas J. Westbrook

Attorney at Law

 

cid:image001.jpg at 01CFC835.0D3988D0

Rodgers, Kee & Card, P.S.

324 West Bay Drive NW, Suite 201

Olympia, Washington  98502

 

Phone: 360-352-8311

Facsimile: 360-352-8501

Email: tjw at buddbaylaw.com

Skype: thomas.westbrook

www.buddbaylaw.com

 

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From: wsbarp-bounces at lists.wsbarppt.com
[mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Paul Neumiller
Sent: Friday, June 30, 2017 10:01 AM
To: wsbarp at lists.wsbarppt.com
Subject: [WSBARP] Seeking Referral for Trouble with Logger/Timber law

 

Client with property on Whidbey Island is having trouble with hired logger
which is now causing trouble with County.  Logger doing unauthorized things
on the property like converting the project from "thinning" to "clear cut"
without notice to client, etc.  County is now upset with Owner/Client and
County recommends hiring an attorney.  Any ideas?  

 



 

 

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