1 2 3 4 5 6 7 8 9 IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON FOR KING COUNTY THE CITY OF SEATTLE, a Washington municipal corporation, No. Plaintiff, 10 11 12 13 14 15 16 17 18 19 vs. COMPLAINT FOR DAMAGES ENFORCEMENT PENALTIES AND STANLEY J. HARRELSON and MARY E. HARRELSON, a marital community; STANLEY J. HARRELSON AND MARY. E. HARRELSON, trustees of the Stanley J. Harrelson Qualified Personal Residence Trust; MARTIN E. RIEMER and KARRIE RIEMER, a marital community; FORREST F. BISHOP, an individual; JOHN RUSSO, an individual; JANE AND JOHN DOES 1-10, as individuals and marital communities. Defendants. Plaintiff The City of Seattle (“City”) alleges as follows: PARTIES 20 1. The City is a Washington municipal corporation of the first class organized and existing under the 21 laws of the State of Washington and doing business in Seattle, King County, Washington. 22 23 COMPLAINT FOR DAMAGES AND ENFORCEMENT PENALTIES - 1 PETER S. HOLMES Seattle City Attorney 701 Fifth Avenue, Suite 2050 Seattle, WA 98104 (206) 684-8200 12. Defendants Stanley J. and Mary E. Harrelson, at all times relevant to the matters herein, lived at and 2 owned property, directly or through a Trust they owned, at 3242 35th Ave SW in Seattle, 3 Washington. 3. Defendants Martin E. and Karrie Riemer, at all times relevant to the matters herein, lived at and 4 owned property at 3241 35th Ave SW in Seattle, Washington. 54. Defendants Forrest F. Bishop and John Russo were hired by the Harrelsons and Riemers to cut trees 6 on City property located adjacent and/or across from the Harrelsons’ and Riemers’ property: parcels 7 132403-9099 and 132403-9086. 5. Defendants John and Jane Does 1-10 may have retained Bishop, Russo or others to cut trees on 8 parcels 132403-9099 and 132403-9086 or may themselves have cut trees on those parcels. 9 JURISDICTION AND VENUE 10 6. The Court has subject matter jurisdiction because the City seeks damages in excess of $300. RCW 11 2.08.010. 7. 12 The Court has personal jurisdiction over all defendants because this cause of action arises from their 13 conduct in King County, Washington. 8. Venue is proper in King County because at least one of the Defendants resides in King County, 14 Washington. RCW 4.12.025(1). 15 FACTS ENTITLING THE CITY TO RELIEF 16 9. The City owns property to the north and east of 3242 35th Ave SW in the West Seattle 17 neighborhood in Seattle, in particular parcel 132403-9099, which is Seattle Department of Parks 18 and Recreation (“Parks”) property, and parcel 132403-9086, which is Seattle Department of 19 Transportation (“SDOT”) property (collectively, the “Parcels”). 10. 20 In early 2016 the City learned that trees had been cut down on the Parcels sometime in 2015 or 21 early 2016. 11. The City did not give permission for any cutting that occurred on the Parcels. 22 23 COMPLAINT FOR DAMAGES AND ENFORCEMENT PENALTIES - 2 PETER S. HOLMES Seattle City Attorney 701 Fifth Avenue, Suite 2050 Seattle, WA 98104 (206) 684-8200 112. The City’s investigation of the matter revealed that the Harrelsons, Riemers, Bishop and Russo 2 were involved in cutting trees on the Parcels within Area “A” on the attached Exhibit 1. The 3 Harrelsons and Riemers hired Bishop and Russo to cut those trees. 13. The Harrelsons own property at 3242 35th Ave SW. Their property borders the Parcels. 414. The Riemers own a house across the street from the Harrelsons at 3241 35th Ave SW. 15. The tree cutting in Exhibit 1 Area “A” substantially improved the views from the Harrelson and 5 Riemer homes by removing trees that had obstructed or partially obstructed their views. 616. Bishop and Russo were the Harrelsons’ and Riemers’ agents for purposes of the cutting. 17. Using the Trunk Formula Method, a commonly accepted method for valuing trees that are larger 7 and/or older than those usually purchased at tree farms and nurseries, the value of the trees cut down 8 in Exhibit 1 Area “A” was $226,060. 918. Fifty-five trees 6 inches in caliper or greater were cut down on the Parcels in Exhibit 1 Area A. 19. The Parcels are located in an environmentally critical area that contains steep slopes and landslide10 prone areas. 20. 11 None of Defendants sought permission from any City department to cut trees on the Parcels. 21. The cutting of trees increased the likelihood of landslides on the Parcels, and thereby damaged the 12 land itself. 13 FIRST CAUSE OF ACTION: TIMBER TRESPASS (RCW 64.12.030) 14 22. The City incorporates all of the allegations in paragraphs 1-21. 1523. Defendants Bishop and/or Russo cut down and otherwise damaged trees on the City’s property 16 without lawful authority. 24. Defendants Harrelson and Riemer are responsible for the acts of their agents, Bishop and Russo. 1725. Defendants Harrelson and Riemer lacked probable cause to believe that Parcels were their property. 26. Defendants Bishop and Russo lacked probable cause to believe that the Parcels belonged to the 18 Harrelsons or Riemers. 1927. The cutting was not casual or involuntary. 28. Defendants are liable for treble the City’s damages of $226,060, for a total of $678,180. 20 SECOND CAUSE OF ACTION: DAMAGE TO LAND (RCW 4.24.630) 21 29. The City incorporates all of the allegations in paragraphs 1-27. 2230. Defendants damaged the Parcels because in removing the trees they made landslides on the Parcels 23 more likely. COMPLAINT FOR DAMAGES AND ENFORCEMENT PENALTIES - 3 PETER S. HOLMES Seattle City Attorney 701 Fifth Avenue, Suite 2050 Seattle, WA 98104 (206) 684-8200 131. Defendants knew or should have known they were not authorized to cut the trees. 32. In addition to the value of the trees, the City is also entitled to (1) damages to the land resulting from 2 the cutting, (2) restoration costs for repairing the damage to the land, and (3) reasonable costs 3 including investigation costs, attorney’s fees and other litigation-related costs. THIRD CAUSE OF ACTION: TRESPASS 4 33. The City incorporates all of the allegations in paragraphs 1-27. 534. Defendants trespassed upon the City’s Parcels and caused damage to the City’s trees and land. FOURTH CAUSE OF ACTION: NEGLIGENCE 6 35. The City incorporates all of the allegations in paragraphs 1-27. 736. Defendants knew or should have known they lacked permission to cut down trees in a greenbelt 8 9 they did not own. FIFTH CAUSE OF ACTION: VIOLATIONS OF THE ENVIRONMENTALLY CRITICAL AREAS CODE The City incorporates all of the allegations in paragraphs 1-27. 1037. 38. Defendants cut trees in an environmentally critical steep slope and landslide-prone area in violation 11 of SMC 25.09.040, 25.09.080, 25.09.320 and other provisions of the Seattle Environmentally 12 Critical Area Ordinance (ECA Code), codified in Seattle Municipal Code (SMC) Chapter 25.09. 39. 13 Defendants violated the ECA code by clearing and cutting 55 trees greater than six inches in 14 caliper and vegetation in environmentally critical areas without a permit or authorization to do 15 so. 40. Pursuant to SMC 25.09.460, Defendants are subject to a cumulative civil penalty in the amount 16 of $500 per day for each violation from the date the violation occurs until the date of 17 compliance; and a $5,000 civil penalty for each tree cut over six inches in caliper. Given the 18 significant damage, Defendants are subject to the additional penalty civil penalty of the 19 economic benefit derived by the violation. 20 SIXTH CAUSE OF ACTION: UNAUTHORIZED USE OF PARK PROPERTY 21 41. The City incorporates all of the allegations contained in paragraphs 1-27. 42. The Seattle Parks Code is codified in SMC Chapter 18.30. Unauthorized use of park property 22 23 is a violation of the Parks Code. COMPLAINT FOR DAMAGES AND ENFORCEMENT PENALTIES - 4 PETER S. HOLMES Seattle City Attorney 701 Fifth Avenue, Suite 2050 Seattle, WA 98104 (206) 684-8200 143. Defendants violated the Parks code by making unauthorized use of park property by clearing and 2 cutting trees and vegetation on Parcel 132403-9099 without a permit or authorization from Parks. 44. Parks has determined that the unauthorized use creates substantial risk of injury to persons 3 and to parks property and therefore the Superintendent of Parks is authorized to abate the 4 unauthorized use and restore the affected park property pursuant to SMC 18.30.055. 5 PRAYER FOR RELIEF 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 WHEREFORE, Plaintiff prays for the following relief, 1. For a principal judgment against Defendants, jointly and severally, including treble damages of $678,180 on the City’s timber trespass claim or in such other amount as may be proven at trial; penalties in the amount of $275,000 for cutting down 55 trees of six inches or more in diameter and an additional $500 for each tree cut pursuant to SMC 25.09.460.A; land restoration costs, the amount of the economic benefit that the Defendants derived from the violation pursuant to SMC 25.09.460.B; and other legal or equitable relief to abate any condition that constitutes a violation of the ECA Chapter 25.09 as described in SMC 25.09.480; 2. Enforcement costs, including but not limited to administrative expenses and fees; the cost of any land surveys related to enforcement; the costs of any abatement and restoration of park property after abatement; recording fees; and litigation costs and statutory attorneys' fees pursuant to SMC 18.30.050; plus reasonable attorneys’ fees pursuant, investigative costs and other litigation-related costs pursuant to RCW 4.24.630; 3. For pre-judgment interest from the date of this complaint pursuant to RCW 4.56.110 and otherwise; 4. For statutory attorney’s fees and legal costs incurred in connection with this matter pursuant to RCW 4.84.010, 4.84.080 and otherwise; COMPLAINT FOR DAMAGES AND ENFORCEMENT PENALTIES - 5 PETER S. HOLMES Seattle City Attorney 701 Fifth Avenue, Suite 2050 Seattle, WA 98104 (206) 684-8200 1 5. For post-judgment interest on the judgment, at a rate to be determined at the time 2 of entry, until the judgment is satisfied in full pursuant to RCW 4.56.110; and 6. For such other and additional relief as the Court may deem just and equitable. 3 DATED this 20th day of September, 2016. 4 PETER S. HOLMES Seattle City Attorney 5 By: 6 7 8 9 10 11 s/ Joseph G. Groshong Joseph G. Groshong, WSBA #41593 Scott Kennedy, WSBA #46747 Tamera Van Ness, WSBA #18648 Stephanie Dikeakos, WSBA #27463 Assistant City Attorneys joseph.groshong@seattle.gov scott.kennedy@seattle.gov tamera.vanness@seattle.gov Stephanie.Dikeakos@Seattle.gov Attorneys for Plaintiff City of Seattle 7. 12 13 14 15 16 17 18 19 20 21 22 23 COMPLAINT FOR DAMAGES AND ENFORCEMENT PENALTIES - 6 PETER S. HOLMES Seattle City Attorney 701 Fifth Avenue, Suite 2050 Seattle, WA 98104 (206) 684-8200 1 EXHIBIT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 COMPLAINT FOR DAMAGES AND ENFORCEMENT PENALTIES - 7 PETER S. HOLMES Seattle City Attorney 701 Fifth Avenue, Suite 2050 Seattle, WA 98104 (206) 684-8200