The illegal tree cutting in the West Duwamish Greenbelt of West Seattle last spring has finally resulted in legal action by the City of Seattle. In a press release from Pete Holmes City Attorney he said the City of Seattle is suing the homeowners for $1.6 million in damages

From the office of Pete Holmes, Seattle City Attorney:

“Earlier this year, the City learned of unpermitted improper tree cutting on City property in West Seattle near the 3200 block of 35th Ave. SW. Today, the City filed two lawsuits, naming people the City believes were involved in the tree cutting. The property is in an environmentally critical area on a steep slope. Approximately 150 trees of varying sizes, including many big-leaf maples and Scouler’s willows, were felled.

“My office has been involved in the City’s response. We launched an investigation to assess the extent of damage and identify the responsible parties. To that end, we retained a consulting arborist to assess the damage and prepare a comprehensive restoration plan.

“No one has yet come forward to give the City the full story of what happened despite SPD’s best efforts and extensive investigation. However, we are satisfied that we now know enough to proceed with civil lawsuits. We expect to learn that additional people, beyond those named in the lawsuits, were involved with the cutting as the suits progress. Between the lawsuits, the City seeks over $1.6 million in damages and fines. The City seeks relief on several grounds, including timber trespass, damage to land, trespass, negligence, environmentally critical areas violations, violations of the parks code and violations of the city’s tree and vegetation management in public places code.

“On its damages theories, the City generally alleges that the defendants and/or their agents cut down trees on City property without permission when they should have known better. The extensive tree cutting damaged the trees and the underlying land. On its code violation theories, because the cutting took place on City property and some occurred in City right of way, the cutters or their employers were required to obtain a number of permits before they cut any trees. No permits were issued to authorize the cutting and penalties and fines are therefore appropriate.

“The SPD criminal investigation of this matter is ongoing, and it is possible that SPD will refer this matter to the King County Prosecutor or my office in the future for potential criminal prosecution.”

Herbold releases statement

Councilmember Lisa Herbold (District 1, West Seattle & South Park) issued the following statement in response to the City Attorney’s filing of the West Seattle Tree-Cutting Lawsuits:

“I thank the City Attorney's Office for filing two civil lawsuits this morning to address the illegal cutting of 150 trees in West Seattle earlier this year. I appreciate the use of a full range of the legal remedies available for civil suits, including timber trespass, which allows for 3x damages.

“The $1.6 million total in damages and fines sought by the City speaks to the seriousness of the claims. The damages and penalties must be significant enough to deter this kind of activity in the future, so that those with financial means don’t see unauthorized tree cutting as a cost-effective way to increase their views and property values.

“These trees played an important role in maintaining soil stability in an environmentally critical area, and lessened the risk of landslides onto a major arterial, SW Admiral Way. They also helped maintain air quality by absorbing carbon—an important issue in West Seattle, which sits adjacent to SODO and the Duwamish industrial area.

“I understand the Seattle Police Department's criminal investigation is ongoing. My hope is that the Department will eventually be able to establish probable cause for pursuing criminal charges. However, I appreciate the difficulty they face, given that persons believed to be involved are declining to cooperate with investigators, and the legal standard needed to establish probable cause for criminal charges and to prove those charges beyond a reasonable doubt.”