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CONTACT THE HERALD
Robert Frank, City Editor
frank@heraldnet.com
 
Published: Sunday, November 22, 2009

City of Everett, neighbor sued over lost trees, mudslide

EVERETT —Two brothers who say a landslide on their Mukilteo Boulevard property was caused in part by neighbors who cut down trees for a better view are suing the city of Everett, the neighbors and the tree cutter.

Brothers Chris Chase and Todd Chase, both of Everett, are asking the neighbors and tree cutter for $341,190 to compensate for dozens of trees cut down without permission, at least $75,000 for the lost value of the land plus an unspecified amount for trespass.

The Chases also are asking a judge to hold the city accountable, since they say Everett officials issued permits that allowed uphill neighbors to drain water onto their land.

“This isn’t right from start to finish,” Chris Chase said. “That’s what’s got me fired up.”

The neighbors, Fredric and Holly Anderson, said it was a mistake and plan to commit $100,000 to making things right.

The Chases’ property is 8 acres of undeveloped land at Merrill and Ring creeks that has been owned by their family for three-quarters of a century.

In June, the brothers say the Andersons, who live in a million-dollar home on a ridge above their land, hired someone to cut down as many as 38 trees — some on their property and some on the Chases’ property. With those trees gone, the Andersons have a clear view of Port Gardner.

A few weeks later, the same neighbor’s irrigation pipe ruptured and spilled an estimated 250,000 gallons of water onto the Chases’ land, according to the lawsuit. A house-sized hunk of earth came loose and rumbled down the gully.

It’s not clear if the landslide was caused by the tree cutting, the ruptured pipe or some combination. Who actually wielded the chain saw has never been revealed by the Andersons.

When the mud settled, the Chases found other drainage pipes, also installed without permission, running from their neighbors’ land across their property.

City officials said they’ve done everything they can legally and that includes considering criminal charges against the Anderson. Everett police are investigating.

Chris Chase said he’s angry that the city allowed the Andersons to continue to let water drain onto his land and for approving a retaining wall after the landslide that he believes helps his neighbors but does nothing to restore his property.

The Chases filed a temporary restraining order to stop work on the retaining wall last week, but a court commissioner, fearing the Andersons house might slide down the hill, said Wednesday that work on the wall could continue.

John Dippold, the Andersons’ Seattle attorney, said his clients are perplexed as to why the Chases tried to stop work on a wall that could prevent further damage to their property.

“While the Chase family is busy filing court actions, the Andersons want to fix the problems, but are prevented from doing so,” Dippold said. “My fear is that the Chases’ actions will exacerbate the damage to both properties.”

The Chases’ Everett attorney, Jamie Jensen, said the brothers are now considering another temporary restraining order to stop their neighbors from using their land as a drain field.



Debra Smith: 425-339-3197, dsmith@heraldnet.com.

COMMENTS

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I hope you can get millions from them.
100k? what a joke. Their property increased in value by more than that simply by stealing a view that didn't belong to them. "Oh, we didn't know!" yeah, right. Personally, I think they should do some time for this. Theft is theft no matter how rich the thieves are. Disgusting.
H White | Nov 23, 2009 1:22 pm | 0 replies | Request removal

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(No heading)
TO THE ANDERSONS AND EVERYONE LIKE THEM......GET THE HECK OUT OF OUR STATE AND LEAVE IT ALONE.ITS PEOPLE LIKE YOU THAT ARE HURTING OUR ONCE BEAUTIFUL LAND. AND YEAH TO THE AIRPLANES WHOM MIGHT BE FLYING OVER THERE HOME, YEAH YEAH YEAH....GO GET YOUR WEALTH AT SOMEONE ELSES EXPENSE. ANDERSONS EQUAL LOSERS TO THE ENTH DEGREE!!!!!
dee None | Nov 23, 2009 11:14 am | 0 replies | Request removal

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Chris Chase Herald Correspondence
Tree information‏
From: christopher chase (cottagewerks@hotmail.com)
Sent: Tue 11/17/09 1:11 PM
To: dsmith@heraldnet.com

Debra, Thank you for the follow up on things. The City of Everett official that responded to the neighbors complaint was Randy Allen. I am trying to get his report
from his response to the Andersons home.

You asked what is most important to me about this law suit. It is two things. First, what the Andersons did. Theses people raped that hill, both their side and ours. The Andersons have displayed that ME! ME! ME! attitude. Like it is their right to trespass and do what they want as long as they give a half *** excuse. That Gully used to be beautiful to look into now you will see a 10 foot plus high retaining wall with a huge butt ugly Mac mansion looming over the Gully enjoying an illegally, ethically and morally attained view. And what do the Andersons say? We have spent over one hundred thousand dollars to fix the problem. The hundred grand is to consolidate their ill gotten gain.

Next you have the City of Everett doing nothing to make it right. They approve a planting schedule that does not meet their own rules for our property with out asking us. They approve a retaining wall that takes care of the Andersons but magnifies problems caused by the Andersons on our property. The Andersons are dumping their water onto our property eroding the slope in several spots outside of the actual landslide area without an easement. The City of Everett issues them a permit that allows the Andersons to continue the practice over our and our professionals objections.
which leads to my final point with the city. I am paying the arborist, geologist, engineer and the attorney to get the city of Everett officials to to do their jobs. So I am fighting the Andersons and the City of Everett.

sarah dunton | Nov 22, 2009 11:11 am | 0 replies | Request removal

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(No heading)
With any luck Alaska & United will soon be flying about 75 feet over their heads and no-one will want to live in the place anyways.
I TK | Nov 22, 2009 9:52 am | 0 replies | Request removal

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(No heading)
The $100,000. that is being spent is being covered by the Anderson's insurance company to build a retaining wall that will continue to dump water on Chase's property and consolidate the Anderson's ill gotten gain of a view. The Restraining Order was not about the wall, it was about the water and lack of proper permit review by the City of Everett and the damage that is continuing.
sarah dunton | Nov 22, 2009 9:41 am | 0 replies | Request removal

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