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cairn builder Member
Joined: 19 Aug 2013 Posts: 854 | TRs | Pics
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Landowners fault Washington over wildfire
Planned lawsuit eyes damage claims denied by agency
By Associated Press
Published: December 28, 2014, 6:49 PM
BREWSTER — More than 150 property owners are preparing to sue the state of Washington over wildfire damage claims that have been denied by the state Department of Natural Resources.
Brewster attorney Alex Thomason told the Capital Press that he is preparing a lawsuit to be filed in the spring. The suit will seek millions of dollars in damages.
He says because the Department of Natural Resources is considered a landowner and the department negligently allowed the massive Carlton Complex Fire to spread to private property, the state is liable.
So far, more than 150 people have filed claims against the state. Under state law, people have three years from the date of injury to file a lawsuit, he said.
The first $15 million worth of claims from 65 property owners were filed Oct. 17. Thomason says about 10 of those claims are agriculture-related, such as the loss of fencing and crops, but most were for the loss of homes.
DNR has denied those claims, saying in letters that it is not liable since it acted to suppress and prevent the fires. Agency spokesman Bob Redling said he could not comment further because the lawsuit is pending.
Thomason says he has interviewed 350 people who say DNR refused to fight the fire on DNR land and then watched nearby homes explode in flames.
Thomason says everyone but the government believes the largest fire in state history, which burned on 256,108 acres, should not have happened.
The cost of containment of the Carlton Complex has been estimated at more than $100 million.
Ranchers and orchardists face years of recovery. The fire caused one death and millions of dollars in losses of 300 homes, 900 to 1,000 cattle, 500 miles of fencing and millions of board feet of timber.
http://www.columbian.com/news/2014/dec/28/landowners-fault-washington-over-wildfire/
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Jake Neiffer Member
Joined: 07 Dec 2011 Posts: 825 | TRs | Pics Location: Lexington, OR |
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Jaberwock Member
Joined: 30 Jan 2013 Posts: 722 | TRs | Pics Location: Bellingham |
What a crap lawsuit. Hope they aren't able to get any money out of the state.
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NacMacFeegle Member
Joined: 16 Jan 2014 Posts: 2653 | TRs | Pics Location: United States |
It's tragic what happened, but I don't think they should blame the government for it. Wildfires don't acknowledge arbitrary human boundaries such as private/public land, and they are not as easily controlled as these people seem to believe.
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Randito Snarky Member
Joined: 27 Jul 2008 Posts: 9513 | TRs | Pics Location: Bellevue at the moment. |
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Randito
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Mon Dec 29, 2014 8:06 pm
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CC cascade curmudgeon
Joined: 13 Sep 2006 Posts: 647 | TRs | Pics
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CC
cascade curmudgeon
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Sun Nov 29, 2015 10:39 pm
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First your legs go, then you lose your reflexes, then you lose your friends. Willy Pep
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CC cascade curmudgeon
Joined: 13 Sep 2006 Posts: 647 | TRs | Pics
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CC
cascade curmudgeon
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Sun Nov 29, 2015 10:42 pm
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Hmm, one of the plaintiffs is John Cleese. Coincidence?
First your legs go, then you lose your reflexes, then you lose your friends. Willy Pep
First your legs go, then you lose your reflexes, then you lose your friends. Willy Pep
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Pyrites Member
Joined: 16 Sep 2014 Posts: 1884 | TRs | Pics Location: South Sound |
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Pyrites
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Sun Nov 29, 2015 11:46 pm
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350 said they refused to fight fire. Does the this means they were fighting other fires? Or were humidity/wind/temperature/fuel moisture conditions/fuel type/terrain/escape routes (roads) - lack/aircraft for lookout-lack/ so hazardous it wasn't safe to put FF's on side of fire people could see, or fire behavior would at best make effort futile? Or did State just take a powder?
Cows were killed. Cows may not have the best decision process, and can be bothered by fences. They mistakenly believe they can't go through three strand, and this misbelief is handy for us. But put fire below me and a cow, and the cow will outrun me. Hmm. I mean outrun me when I was 24.
Is the strategy to do the normal deposition, maneuver to win at trial or get enough at negotiations? Or will it at the same time to try to win by getting directed legislative funding of the financial loses?
Keep Calm and Carry On?
Heck No.
Stay Excited and Get Outside!
Keep Calm and Carry On?
Heck No.
Stay Excited and Get Outside!
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gb Member
Joined: 01 Jul 2010 Posts: 6310 | TRs | Pics
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gb
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Mon Nov 30, 2015 8:49 am
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Unfortunate, but in a changing climate, if you live in fire prone areas you take your chances.
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drm Member
Joined: 24 Feb 2007 Posts: 1376 | TRs | Pics Location: The Dalles, OR |
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drm
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Mon Nov 30, 2015 9:06 am
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Although there are some cases where the responsible agency does decide not to fight fires, my understanding is that being far from structures is one requirement to make such a decision. I haven't had the time to read the linked articles yet but hope to find out just what kind of decision was made with the Carlton fire. I seem to remmeber reading that it had pretty extreme fire behavior, which sometimes means that nobody can stop it till the winds die down.
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