FILED
15 AUG 10 PM 3:06

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KING COUNTY
SUPERIOR COURT CLERK
E-FILED
CASE NUMBER: 15-2-19167-5 SEA

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SUPERIOR COURT OF THE STATE OF WASHINGTON
IN AND FOR KING COUNTY

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MATT ASHBACH, an individual,
and CHRISTINE YOKAN, an
individual,

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Plaintiffs,

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COMPLAINT FOR DAMAGES
AND INJUNCTIVE RELIEF

v.

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No.

LISA MANN and GARY MANN,
husband and wife, and the marital
community composed thereof,
Defendants.

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COME NOW, Matt Ashbach and Christine Yokan, by and through the
undersigned counsel, and petition the Court for relief.

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I. PARTIES, VENUE, AND JURISDICTION
1.1

The Plaintiffs, Matt Ashbach and Christine Yokan, are residents of King

County, Washington.
1.2

The Defendants, Lisa Mann and Gary Mann, are residents of King County,

Washington.

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COMPLAINT FOR DAMAGES
AND INJUNCTIVE RELIEF

Page 1

ANNA JOHNSEN LAW PLLC
US Bank Centre
1420 Fifth Avenue, Suite 2200
Seattle, Washington 98101
(206) 450-4974

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1.3

Defendants are married and at all times relevant hereto were acting in

furtherance of their marital community.

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1.4

Plaintiffs’ damages caused by Defendants exceed $75,000.00.

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1.5

The acts and omissions giving rise to this lawsuit occurred in King County,

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Washington.
1.6

Venue is proper in King County Superior Court in the State of Washington.

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II.

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2.1

FACTS

Defendants and Plaintiffs live in a residential neighborhood. Their lots in

this neighborhood are zoned for single-family homes under the Seattle Municipal Code.
2.2

Plaintiff Matt Ashbach lives in the house and on the lot immediately to the

east of Defendants’ lot and house.
2.3

Plaintiff Christine Yokan lives in the house and on the lot immediately to

the west of Defendants’ lot and house.
2.4

On or about September of 2013, Defendants began regularly feeding crows

in their front yard, parking strip, nearby streets, and public sidewalk. Over time, the
feeding practices attracted large numbers of animals daily, particularly crows, seagulls,
and pigeons, as well as rats and other vermin.
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The feedings also caused large quantities of bird excrement from the

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animals to accumulate in the vicinity. Animal feces splattered and caked on the cars,

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COMPLAINT FOR DAMAGES
AND INJUNCTIVE RELIEF

Page 2

ANNA JOHNSEN LAW PLLC
US Bank Centre
1420 Fifth Avenue, Suite 2200
Seattle, Washington 98101
(206) 450-4974

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houses, sidewalks, children’s play areas, gardens, lights, walkways, handrails, and
garbage receptacles.
2.6

Plaintiffs had never before observed a single rat on their properties. After

Defendants began feeding the wildlife, Plaintiffs observed a noticeable rat population in
their yards and the surrounding area. Other neighbors complained of seeing rats in their
yards since the feedings began.
2.7

In addition to the nearly constant physical presence of crows, pigeons, and

their excrement in the vicinity of Defendants and Plaintiffs, there are also frequent
periods of excessive noise from dozens of birds squawking from dawn until dusk.
2.8

While some periods of time are quiet, there are periods of time—which

sometimes exceed two hours in duration and occur multiple times per day—in which the

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cawing of crows and the noises from other birds continues unabated and can be heard at a

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high volume even when one is inside the home. The noise of the birds is loud and

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disruptive.
2.9

Plaintiffs and other neighbors tried to talk with Defendants and wrote

letters to Defendants requesting that they stop or seriously downsize their mass wildlife
feeding operation.
2.10

The situation escalated.

Defendants moved the feeding operation to their

backyard, erecting feeding stations and increasing the number of feeding events per day.
2.11

Defendants created feeding stations on the ground.

Seattle and King

County Public Health required Defendants to remove all ground feeding stations to

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COMPLAINT FOR DAMAGES
AND INJUNCTIVE RELIEF

Page 3

ANNA JOHNSEN LAW PLLC
US Bank Centre
1420 Fifth Avenue, Suite 2200
Seattle, Washington 98101
(206) 450-4974

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prevent future rat infestation. Subsequently, Defendants constructed an elevated feeding
stage, measuring approximately ten feet by ten feet. Defendants constructed additional

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elevated feeding stations also by attaching large trays or troughs to trees and poles on

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their property.

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2.12

On most days over the course of approximately the last eighteen months,

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Defendants filled the large feeding troughs and feeding stations with food desirable to

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crows, pigeons, and seagulls. Defendants attracted and continue to attract large numbers

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of birds in the vicinity that would otherwise not be there.
2.13

As many as six times per day Defendants refilled and continue to refill the

emptied troughs of food with peanuts and other bird foods for the seagulls, crows, and
pigeons to feast upon.
2.14

Large numbers of birds swarm the feeding operation daily, leaving behind

dirt, feathers, peanut particles and shells, feces, and urine on the surrounding properties.
2.15

Neighbors with family members who have severe peanut allergies have

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pled with Defendants to cease or drastically reduce their large-scale bird feeding

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operation.

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2.16

Plaintiffs and many other neighbors contacted Seattle City Neighborhood

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Attorney, Seattle Animal Shelter, and Washington Department of Fish and Wildlife, and

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several City Council members. No significant action took place to stop Defendants.

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2.17

Plaintiffs and many other neighbors contacted Seattle and King County

Public Health. A Public Health employee wrote to Defendants and informed them that

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COMPLAINT FOR DAMAGES
AND INJUNCTIVE RELIEF

Page 4

ANNA JOHNSEN LAW PLLC
US Bank Centre
1420 Fifth Avenue, Suite 2200
Seattle, Washington 98101
(206) 450-4974

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the “abnormally large numbers” of birds “are disturbing many people with their noise and
unsanitary conditions created by bird droppings . . .” Public Health went on to call the

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situation a “neighborhood nuisance which can create health issues for both people and

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birds” and warned Defendants that while “feeding crows may seem to be a kindness for

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the birds, it can actually be harmful to them in several ways.” After explaining the

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negative impact the Defendants were having on the birds, Public Health further informed

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Defendants: “Salmonella can be transmitted to people—such as to children playing on

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contaminated lawns or when bird feces are deposited on vegetable gardens or fruit

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trees—and cause serious illness, especially in young children, elderly people and anyone

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with an immune deficiency. Also a concern is that when food is put out for birds it

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attracts rats and mice. This presents another set of problems due to the potential for

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disease transmission and property damage from their burrowing and gnawing. It is

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against the law in King County to create conditions that can provide a food sources for

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rodents (Board of Health code Chapter 8.06) – copy enclosed.”
2.18

Despite being warned by Seattle and King County Public Health of the

grave dangers of their behavior, Defendants continuing their extraordinary level of wild
animal feeding.
2.19

Concerned about the unsanitary conditions Defendants were perpetuating in

their residential community, 51 neighbors signed a petition and presented it to the City of
Seattle Neighborhood Liaison Attorney, requesting that action be taken to stop the mass
bird feeding. No significant action took place to stop Defendants.

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COMPLAINT FOR DAMAGES
AND INJUNCTIVE RELIEF

Page 5

ANNA JOHNSEN LAW PLLC
US Bank Centre
1420 Fifth Avenue, Suite 2200
Seattle, Washington 98101
(206) 450-4974

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2.20

place on their residential property.
2.21

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In addition to the Defendants and two members of their immediate family,

witnesses have observed three distinct individuals who have regularly assisted in
Defendants’ large-scale systematic crow and pigeon feeding operation.
2.22

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Defendants hired employees to allow more voluminous feedings to take

Said individuals are believed to be employees of Defendants, hired to

perpetuate the regular refilling of large troughs with crow and pigeon feed throughout the
day.
2.23

Defendants engage in some form of cleaning of their own property almost

every day, either hosing with water, pressure washing, and most recently covering their
yard with an unidentified mint-scented solution, presumably to mask the scent of the bird

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feces in their yard.

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2.24

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When Defendants pressure-wash their property, including the feeding

platform, they cause and have caused contaminated water to spray onto neighbors’ cars,

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garages, property, and into the alleyway. The water runoff contains peanut shells and

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excrement from the birds.

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2.25

Plaintiffs have requested that Defendants assist in cleaning the bird

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excrement that has coated their houses, windows, cars, gardens, decks, walkways, and

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children’s play areas. To date, Defendants have refused to assist in cleaning or pay the

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cleaning bills Plaintiffs have incurred as the result of the daily droppings of bird feces
from hundreds of birds that have flown to and from the mass feeding operation.

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COMPLAINT FOR DAMAGES
AND INJUNCTIVE RELIEF

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ANNA JOHNSEN LAW PLLC
US Bank Centre
1420 Fifth Avenue, Suite 2200
Seattle, Washington 98101
(206) 450-4974

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2.26

Defendants have refused to engage in any meaningful dialogue regarding

the unsanitary conditions they have created in an urban residential environment.
Defendants ignored a written request for mediation.
2.27

Plaintiffs attempted multiple avenues for resolving the problem before

filing this lawsuit, including a written request for mediation. Defendants ignored all
neighborly requests and proceeded undeterred.
2.28

Crows in the Pacific Northwest have been found to carry West Nile Virus.

While a crow cannot transfer the disease directly to a human, a mosquito that feeds upon
an infected crow is able to transmit the disease to any human it subsequently feeds upon.
2.29

As stated by Public Health, salmonella can be transmitted from crows to

humans.
2.30

Histoplasmosis is a respiratory disease that may be fatal. It results from a

fungus growing in dried bird droppings.
2.31

Cryptococcosis is caused by yeast found in the intestinal tract of pigeons.

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The illness often begins as a pulmonary disease and may later affect the central nervous

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system.

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2.32

The listeria bacteria are carried by pigeons.

Listeria is particularly

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dangerous for pregnant women and babies, as it can cause meningitis in newborns,

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premature delivery, stillbirths, and death.

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2.33

Pigeons are also effective transmitters of e. coli to humans.

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COMPLAINT FOR DAMAGES
AND INJUNCTIVE RELIEF

Page 7

ANNA JOHNSEN LAW PLLC
US Bank Centre
1420 Fifth Avenue, Suite 2200
Seattle, Washington 98101
(206) 450-4974

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2.34

Defendants’ actions have increased the likelihood of transmitting other

diseases or infections to Plaintiffs and surrounding neighbors by way of rat infestation,
and excessive amounts of animal excrement, particularly that of crows and pigeons.
2.35

Due to the actions of Defendants, Plaintiffs have drastically reduced the

amount of time they would have otherwise spent outside enjoying their property.
2.36

Due to the acidity levels in bird urine and feces, Defendants’ actions have

caused extensive damage to Plaintiff’s property, including but not limited to their houses,
decks, yard lights, walkways, sheds, and other structures. The cost of cleaning, painting,

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and replacing permanently damaged property exceeds $75,000.00. This figure does not

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include compensation for the enormous amount of time Plaintiff’s have already spent

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cleaning their property as a result of Defendants’ actions.
2.37

Plaintiffs have been unable to enjoy use of their property because of

Defendants’ actions.

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CAUSES OF ACTION

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III.
3.1

PUBLIC NUISANCE UNDER RCW 7.48.140

Plaintiffs incorporate the allegations in paragraphs 1.1 through 2.37 as if

fully set forth herein.
3.2

Defendants have been and currently are carrying on a large-scale crow and

pigeon feeding operation in the backyard of their residentially zoned property.
3.3

Defendants have hired employees to assist with the feeding of the birds.

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COMPLAINT FOR DAMAGES
AND INJUNCTIVE RELIEF

Page 8

ANNA JOHNSEN LAW PLLC
US Bank Centre
1420 Fifth Avenue, Suite 2200
Seattle, Washington 98101
(206) 450-4974

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3.4

The feeding attracts and has attracted large quantities and animals including

but not limited to pigeons, crows, seagulls and rats. These animals and their noise, filth,

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and fecal matter are injurious to health or indecent or offensive to the senses, or an

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obstruction to the free use of property, so as to essentially interfere with the comfortable

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enjoyment of the life and property.
3.5

Defendants have unlawfully performed acts which annoy, injure or

endanger the comfort, repose, health or safety of others, and renders other persons
insecure in the use of property.
3.6

Defendants’ interference with use and enjoyment of Plaintiffs’ property is

substantial and unreasonable.
3.7

Defendants caused filth and noisome substances to be deposited and remain

in places to the prejudice of others.
3.8

Defendants’ actions have affected the rights of an entire community or

neighborhood, although the extent of the damage may be unequal.

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3.9

Defendants’ actions constitute a public nuisance.

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3.10

As a result of Defendants’ acts and omissions, Plaintiffs and their neighbors

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have suffered damages.

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IV.
4.1

PRIVATE NUISANCE UNDER RCW CHAPTER 7.48

Plaintiffs incorporate the allegations in paragraphs 1.1 through 3.10 as if

fully set forth herein.

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COMPLAINT FOR DAMAGES
AND INJUNCTIVE RELIEF

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ANNA JOHNSEN LAW PLLC
US Bank Centre
1420 Fifth Avenue, Suite 2200
Seattle, Washington 98101
(206) 450-4974

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4.2

Defendants have been and currently are carrying on a large-scale crow and

pigeon feeding operation in the backyard of their residentially zoned property.

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4.3

Defendants have hired employees to assist with the feeding of the birds.

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4.4

The feeding attracts and has attracted large quantities of animals including

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but not limited to pigeons, crows, and rats. These animals and their noise, filth, and fecal

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matter are injurious to health or indecent or offensive to the senses, or an obstruction to

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the free use of property, so as to essentially interfere with the comfortable enjoyment of

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the life and property.
4.5

Defendants have unlawfully performed acts which annoy, injure or

endanger the comfort, repose, health or safety of others, and renders other persons
insecure in the use of property.
4.6.

Defendants’ interference with use and enjoyment of Plaintiffs’ property is

substantial and unreasonable.
4.7

Defendants’ actions constitute a nuisance.

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4.8

As a result of Defendants’ acts and omissions, Plaintiffs have suffered

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damages.

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V.

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5.1

TRESPASS

Plaintiffs incorporate the allegations in paragraphs 1.1 through 4.8 as if

fully set forth herein.

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COMPLAINT FOR DAMAGES
AND INJUNCTIVE RELIEF

Page 10

ANNA JOHNSEN LAW PLLC
US Bank Centre
1420 Fifth Avenue, Suite 2200
Seattle, Washington 98101
(206) 450-4974

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5.2

Defendants owed a duty to not cause animals and their urine, bodily fluids,

carried litter such as food scraps, and fecal matter to enter upon Plaintiffs’ property.
5.3

Defendants owed a duty to not cause peanut shells and other allergens to

enter upon Plaintiffs’ property
5.4

Defendants breached said duties.

5.5

Defendants’ actions interfere and interfered with the right to exclusive

possession of property.
5.6

As a result of said breach and/or interference Plaintiffs suffered damages.

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VI.
6.1

NEGLIGENT DESTRUCTION OF PROPERTY

Plaintiff incorporates the allegations in paragraphs 1.1 through 5.6 as if

fully set forth herein.
6.2

Defendants owed a duty to Plaintiff to not cause damage to their property.

6.3

Defendants did not use ordinary care in ensuring their actions did not cause

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damage to Plaintiffs’ property.
6.4

As a result of Defendants’ breach or failure to exercise ordinary care,

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Plaintiffs suffered damages.

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VII. REQUEST FOR RELIEF
WHEREFORE, Plaintiffs request the following relief against Defendants:

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COMPLAINT FOR DAMAGES
AND INJUNCTIVE RELIEF

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ANNA JOHNSEN LAW PLLC
US Bank Centre
1420 Fifth Avenue, Suite 2200
Seattle, Washington 98101
(206) 450-4974

 





 

 

7.l Injunction limiting Defendants to providing no more than a quarter pound
of food per day to local wildlife.

7.2 Court order requiring Defendants to not engage in any other activities
designed to attract birds or rodents to their property.

7.3 Damages in the amount which includes:

A. Special damages and economic losses. including but not limited to
the costs of replacing. cleaning. and/or repairing property damage caused by the actions
of Defendants. including but not limited to damage to Plaintiffs? houses and property.
siding. roofs. windows. porches. balconies. walkways. shed. and garden structures. and
costs of cleaning gutters and drainpipes blocked with peanut shells. bird feces. or a
combination thereof. and other associated property damage. and any and all other special
damages appropriate and available under law; and

B. For general non-economic damages including but not limited to loss
of enjoyment of property. inconvenience. and emotional distress.

7.4

Attomey's fees and costs.

7.5 For such other and further relief as may be just and warranted.

Dated this @day ofAugust. 20 5

 
 

[?nale Johns No. 44828
ANNA SEN LAW PLLC
Attorney for Plaintiffs Yokan and Ashbach

ANNA JOHNSEN LAW PLLC

Bank Centre
l-lZU l?Il'lh Sutlc 220?
Seattle. Washington ("Hill
(206) 450-4974

COMPLAINT FOR DAMAGES

AND RELIEF Page I2

 

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COMPLAINT FOR DAMAGES
AND INJUNCTIVE RELIEF

US Bank Centre

1420 Fifth Avenue, Suite 2200

Seattle, WA 98101

ele: 206.450.4974

Facsimile: 206.770.6104

Email address: annai@annaiohnsenlaw.com

ANNA JOHNSEN LAW PLLC

US Bank Centre
1420 Fifth Avenue, Suite 2200
Seattle. Washington 
(206} 450-4974

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