[WSBARP] injunction dangerous trees

Thu Sep 26 14:10:58 PDT 2019

Thanks, that helps.

Rob

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

www.hossandwilson-hoss.com
rob at hctc.com

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From: wsbarp-bounces at lists.wsbarppt.com
[mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Eric Nelsen
Sent: Thursday, September 26, 2019 1:49 PM
To: 'WSBA Real Property Listserv'
Subject: Re: [WSBARP] injunction dangerous trees

I've never had to take it all the way to trial either, but the argument I
have made is that a nuisance action can be based on a reasonable
apprehension of injury/damage, and injunction is an available remedy for
nuisance. Lead case is the one on expansion of the reservoir in Volunteer
Park in Seattle--Ferry v. City of Seattle, 116 Wn. 648, 203 P. 40 (1922),
which is a re-hearing and reversal of the prior opinion at 200 P. 336
(1921).  See also Kitsap County v. Kitsap Rifle and Revolver Club, 184
Wn.App. 252, 337 P.3d 328 (2014); note there is an unpublished follow-on to
the Kitsap case, No. 48781-1-II (Wash.App. Div. 2 November 21, 2017).

Sincerely,

Eric

Eric C. Nelsen

SAYRE LAW OFFICES, PLLC

1417 31st Ave South

Seattle WA  98144-3909

phone 206-625-0092

fax 206-625-9040

From: wsbarp-bounces at lists.wsbarppt.com
[mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Rob Wilson-Hoss
Sent: Thursday, September 26, 2019 1:02 PM
To: 'WSBA Real Property Listserv'
Subject: [WSBARP] injunction dangerous trees

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
rob at hctc.com

This message is intended solely for the use of the addressee and may contain
information that is privileged, confidential, and exempt from disclosure
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reply e-mail or by telephone (call us collect at the number listed above)
and immediately delete this message and any and all of its attachments.
Thank you.

This office does debt collection and this e-mail may be an attempt to
collect a debt, Any information obtained will be used for that purpose.  To
the extent the Federal Fair Debt Collection Practices Act (15 U.S.C. § 1692)
applies this firm is acting as a debt collector for the
condominium/homeowners' association named above to collect a debt owed to
it. Any information obtained will be used for collection purposes. You have
the right to seek advice of legal counsel.

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