Bunch, LLC v. Grandview North, LLC

In Bunch, LLC v. Grandview North, LLC (2007) 142 Wn. App. 81 173 P.3d 959, the defendant wrongfully cut down 12 large trees on or near a property line shared with the plaintiff. The parties stipulated to the method used by the plaintiff's expert arborist, which assessed the value of the cut trees at $40,033. (Id., 173 P.3d at p. 962.) The trial court accepted this stipulated valuation, and then reduced the amount awardable to the plaintiff by multiplying the total value of the trees by the proportionate percentage of the tree trunks growing on the plaintiff's property. (Id. at p. 965.) In affirming the award, the appellate court found that where a defendant violates Washington's timber trespass statute "and the plaintiff seeks damages based upon the value of the cut trees, the correct measure of damages is calculated by multiplying the trees' value by the percentage of the trees' trunks that had been growing on the plaintiff's property." (Ibid.)