344 P.3d 1225
Wash. Ct. App.2015Background
- Gunn and the Rielys own adjacent parcels in Storm King Ranch, with Gunn owning parcel 1 and the Rielys parcel 2; parcel 3 is not a party.
- Sponberg Lane runs through Gunn’s property and a grassy path along the boundary is entirely on Gunn’s land and near the boundary with the Rielys’ property.
- From 2000 to 2009 the Rielys used the grassy path to access their land, despite Gunn’s repeated refusals of an easement.
- In 2008 Gunn learned there was no easement of record; the Rielys sought to purchase an easement, which Gunn refused.
- In 2009 the Rielys hired Oasis Well Drilling to drill a well near the boundary and directed Oasis to use the grassy path, knowing Oasis would cut trees.
- Oasis cut approximately 107 trees on Gunn’s property; Gunn sued in 2010 with a later amended complaint in 2013 asserting timber trespass (RCW 64.12.030) or, alternatively, the waste statute (RCW 4.24.630).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Proper damages statute application | Rielys/defense that timber trespass should govern damages | Gunn contends waste statute applies only where timber trespass damages are unavailable | Timber trespass statute governs; waste statute does not apply |
| Nonparty fault affirmative defense | Oasis liable as a nonparty for damages | Nonparty fault must be pleaded; not raised in pleadings, untimely | Trial court did not abuse discretion; Oasis defense is waived/not properly pleaded |
| Implied easement/quiet title action | Rielys should be allowed to pursue implied easement/quiet title | No pleading or timely pleading of quiet title; court did not abuse its discretion | Court did not address/consider quiet title; appellate review limited; no reversible error |
Key Cases Cited
- Jongeward v. BNSF Ry. Co., 174 Wn.2d 586 (2012) (statutory interpretation; plain meaning governs unless ambiguous)
- Birchler v. Castello Land Co., 133 Wn.2d 106 (1997) (timber trespass cases involve direct injury to timber or trees)
- Guay v. Wash. Nat. Gas Co., 62 Wn.2d 473 (1963) (timber trespass scope includes trees, shrubs, and related injury)
- Mullally v. Parks, 29 Wn.2d 899 (1948) (direct trespass against timber/trees on plaintiff’s land)
- Gardner v. Lovegren, 27 Wn.2d 356 (1902) (early timber trespass leading to treble damages framework)
- Sherrell v. Selfors, 73 Wn. App. 596 (1994) (timber trespass on residential property; scope of timber trespass)
- Maier v. Giske, 154 Wn. App. 6 (2010) (implications of implied easements in land conveyances)
- International Raceway, Inc. v. JDFJ Corp., 97 Wn. App. 1 (1999) (timber trespass context; forum for damages theories)