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

[Robert R. Cole]

You'll have to post a bond also with the Judge setting the amount.

Very Truly Yours,

Robert R. Cole

Law Office of Cole & Gilday, P.C.

10101 - 270th St. NW

Stanwood, WA 98292

(360) 629-2900 (Telephone)

(360) 629-0220 (Fax)

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On 6/30/2017 10:34 AM, Tom Westbrook wrote:
>
> 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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