[WSBARP] injunction dangerous trees

[Rob Wilson-Hoss]

This has come up before on the list serve, and at that time I don't think
there was any final conclusion. Neighbor has several large dead firs,
residential neighborhood. He refuses to take them down. We will get an
arborist, or maybe just a tree service because these are really obviously
dangerous, to give us a statement and we will offer to pay to take them
down. If they fall, they are on a slope and aimed at clients' house. Mature
fir trees are really, really heavy, even when dead. 

 

If he doesn't agree (perhaps some issues with thinking clearly...) then I
will want to get an injunction requiring him to take them down. General
nuisance theory, interference with enjoyment of property. Beats waiting for
them to drop on my clients' heads. Judges here typically apply a little
common sense to things. But any time I have gotten close to this before,
things have settled, and I haven't had to actually file the lawsuit. My
recollection is that I never really found a great theory to use for the
injunction based on clear precedence. Anyone know of anything I am missing,
please?

 

Thanks.

 

Rob

 

Robert D. Wilson-Hoss 
Hoss & Wilson-Hoss, LLP 
236 West Birch Street 
Shelton, WA 98584 
360 426-2999

www.hossandwilson-hoss.com
 <mailto:rob at hctc.com> rob at hctc.com

 

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