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

[Jay Goldstein]

Also contact DNR re logger is violating the FPA and get DNR to shut them down.

Jay A. Goldstein
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1800 Cooper Point RD SW NO. 8  |  Olympia, WA 98502
Telephone 360.352.1970  |  Fax 360.357.0844 |  www.jaglaw.net<http://www.jaglaw.net/>
jay at jaglaw.net<mailto:jay at jaglaw.net>

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From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Tom Westbrook
Sent: Friday, June 30, 2017 10:35 AM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Seeking Referral for Trouble with Logger/Timber law

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

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From: wsbarp-bounces at lists.wsbarppt.com<mailto: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<mailto: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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