Settlement: Couple to pay $150,000 for tree cutting

seattlepi.nwsource.com ^ | Saturday, June 28, 2003 · Last updated 7:26 p.m. PT | AP

[bicycle thug]

BELLEVUE, Wash. -- A Bellevue couple, who had more than two dozen trees on public land chopped down or severely pruned to improve their hilltop view, have agreed to pay the city $150,000.

If the city council approves the deal, Kendall and Janice Kunz will not be prosecuted for violating a city ordinance that bars cutting trees on city property.

The Kunzes also agreed to apologize publicly and contribute 32 hours of community service in the proposed settlement reached Friday.

The city council is scheduled to vote Monday on the settlement.

"This sends the message that our public forests belong to everyone in Bellevue and that the consequences for cutting and damaging trees are serious," said Patrick Foran, director of the city's Parks and Community Services Department.

A total of 26 trees were either cut or pruned last July in a park on the 5900 block of 153rd Avenue Southeast. The value of the trees was estimated at $50,000 to $70,000 by city officials.

The city is developing restoration plans for the site.

[bicycle thug]

Seems these folks got to thinking public trees were stealing their valuble viewshed. That's alot of muney for some trees.

[bicycle thug]

Here's a better link and story to this legal snafu;

Saturday, June 28, 2003

Couple's effort to enhance view from home proves costly Bellevue pair will apologize, pay city for cutting trees on trail

By TRACY JOHNSON SEATTLE POST-INTELLIGENCER REPORTER

A Bellevue couple has agreed to pay that city $150,000 and publicly apologize for cutting 26 trees along a public trail, hoping to enhance the view from their hillside home.

Kendall and Janice Kunz must also put in 32 hours to "personally assist in restoration efforts" and admit to "unlawful cutting on city property" under the agreement, which the Bellevue City Council will be asked to approve Monday.

Yesterday, King County prosecutors declined to file criminal charges against the couple, saying civil penalties were adequate and would require the couple to pay a stiffer fine for what they did.

Last June, the couple hired landscapers to top and severely prune 26 trees along a trail in the 5900 block of 153rd Avenue Southeast, park property the city owns.

An arborist valued the lost evergreen and deciduous trees at $50,000 to $70,000.

Bellevue city officials said they hope yesterday's tentative settlement will send a clear message that "the consequences for cutting and damaging trees are serious and far beyond the value of any enhanced views," said Patrick Foran, director of parks and community services.

The Kunzes also agreed to help "in any enforcement action against others" who were involved in the tree cutting. City spokesman Ron Langley said he could not discuss whether the landscapers the Kunzes hired could face penalties.

The Kunzes' attorney wasn't available to comment yesterday.

Harold Wilson, who caught the chain saw-wielding workers in the act exactly one year ago today, has been hoping the Kunzes would face punishment so that other wealthy homeowners wouldn't think they could do the same thing.

He thought they deserved a six-figure fine and some community service. "I guess the city of Bellevue was thinking the same way I did," Wilson said. "I think it's a very fair settlement, and I think the Kunzes will be making amends for what they've done."

Wilson said he didn't expect to see King County prosecutors file criminal charges -- particularly because they didn't after federal appeals court Judge Jerome Farris was accused of having his gardener chop down 120 trees in Seattle's Colman Park.

Seattle fined Farris $500,000. He has paid $157,000 so far and owes the full amount by next February.

[Rebelbase]

What about the company that did the cutting?...If one was used seems like they would be partially responsible for the snafu.

[bicycle thug]

ping

[Captain Peter Blood]

I am involved in a similar law suit. Inadvertenly cut down some trees I thought were on my property, 10 trees to be exact, in a very hilly area. Have two property owners telling me I destroyed their enviornment to the tune of $330,000. Now that is a nightmare that is ongoing. Refuse any reasonable settlement offers just wnat big bucks. By the way both plantiffs are very highly paid Doctors!!!!

[bicycle thug]

The second article I posted to this thread seems to indicate they are exporing this avenue.

[Bluntpoint]

They could not see their scenic view of the surrounding forests through all the trees. City people! Hatem!

[Rebelbase]

And, do they owe $150,000 and an apology or $500,000?

[bicycle thug]

good luck with your fight of a simular nature to this one.

[Bluntpoint]

Here in Indiana you would be charged with treble damages of the cut trees.

[bicycle thug]

I think the 5000,000 is the criminal fine, and the 150,000 is a civil settlement.

[Rebelbase]

Got to hate'em.

[Bon mots]

Hmmm. Send a relative to the doctor, then sue him for malpractice...

Or you could find out about some of the mistakes he has buried. Lots of things can be "dug up".

[Rebelbase]

One year at Christmas when I was first married and penniless, I climbed a highway road-cut and sawed down a Charlie Brown Christmas tree that was on State land.

[Rebelbase]

Looks like the city attorney wants their property for auction.

[JoeSchem]

I am involved in a similar law suit. Inadvertenly cut down some trees I thought were on my property, 10 trees to be exact, in a very hilly area. Have two property owners telling me I destroyed their enviornment to the tune of $330,000. Now that is a nightmare that is ongoing. Refuse any reasonable settlement offers just wnat big bucks. By the way both plantiffs are very highly paid Doctors!!!!

I'll bet they know all about being sued for cutting in the wrong place!

[Normal4me]

It's amazing...we pay taxes to employ these a-holes, they use OUR money to take land from private ownership, use OUR money to plant trees and maintain the grounds but if WE cut down one of the trees WE paid for, they screw us.

[HairOfTheDog]

Hmmm. Send a relative to the doctor, then sue him for malpractice... Or you could find out about some of the mistakes he has buried. Lots of things can be "dug up".

Huh? - Nice set of ethics you have there.... The doctor is the victim here... "Captain Peter Blood" is only trying to mitigate the damages he owes, but he does owe damages.

[IncPen]

I am involved in a similar law suit. Inadvertenly cut down some trees I thought were on my property, 10 trees to be exact, in a very hilly area. Have two property owners telling me I destroyed their enviornment to the tune of $330,000. Now that is a nightmare that is ongoing. Refuse any reasonable settlement offers just wnat big bucks. By the way both plantiffs are very highly paid Doctors!!!!

No offense, but you admit you damaged someone's property. The fact that they're highly paid doctors seems irrelevant.

[HairOfTheDog]

use OUR money to plant trees and maintain the grounds but if WE cut down one of the trees WE paid for, they screw us.

Good grief. They don't own the trees and they knowingly cut them down. Just because something is publicly funded does not give one member of the public the right to take it.... You can't mean that.