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	<title>
	Comments on: Neighbors&#8217; trees block his view	</title>
	<atom:link href="https://www.overlawyered.com/2012/11/neighbors-trees-block-view/feed/" rel="self" type="application/rss+xml" />
	<link>https://www.overlawyered.com/2012/11/neighbors-trees-block-view/</link>
	<description>Chronicling the high cost of our legal system</description>
	<lastBuildDate>Mon, 26 Nov 2012 19:14:09 +0000</lastBuildDate>
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		<title>
		By: gitarcarver		</title>
		<link>https://www.overlawyered.com/2012/11/neighbors-trees-block-view/comment-page-1/#comment-184896</link>

		<dc:creator><![CDATA[gitarcarver]]></dc:creator>
		<pubDate>Mon, 26 Nov 2012 19:14:09 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=34299#comment-184896</guid>

					<description><![CDATA[I keep thinking the Baker&#039;s property with the larger trees being replaced by smaller trees does not decrease in value as much as the Olerud&#039;s property increases with the enhanced view.

Higher values equal more taxes / revenue for the city.

But that would never enter the minds of the city government, would it?

Nah.]]></description>
			<content:encoded><![CDATA[<p>I keep thinking the Baker&#8217;s property with the larger trees being replaced by smaller trees does not decrease in value as much as the Olerud&#8217;s property increases with the enhanced view.</p>
<p>Higher values equal more taxes / revenue for the city.</p>
<p>But that would never enter the minds of the city government, would it?</p>
<p>Nah.</p>
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		<title>
		By: Bumper		</title>
		<link>https://www.overlawyered.com/2012/11/neighbors-trees-block-view/comment-page-1/#comment-184893</link>

		<dc:creator><![CDATA[Bumper]]></dc:creator>
		<pubDate>Mon, 26 Nov 2012 18:26:06 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=34299#comment-184893</guid>

					<description><![CDATA[&quot;But it is flawed logic to suggest that taking down a tree and taking down a house are the same thing.&quot;

Of course it is, but it&#039;s damned good sarcasm.]]></description>
			<content:encoded><![CDATA[<p>&#8220;But it is flawed logic to suggest that taking down a tree and taking down a house are the same thing.&#8221;</p>
<p>Of course it is, but it&#8217;s damned good sarcasm.</p>
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		<title>
		By: Frank		</title>
		<link>https://www.overlawyered.com/2012/11/neighbors-trees-block-view/comment-page-1/#comment-184887</link>

		<dc:creator><![CDATA[Frank]]></dc:creator>
		<pubDate>Mon, 26 Nov 2012 16:19:25 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=34299#comment-184887</guid>

					<description><![CDATA[Outrageous tale and outrageous greed.  4 million is a given - &#039;but it could be 4.2&#039;.

According to BaseballReference.com, John Olerud earned about 60 million dollars in his 16 year baseball career as a player.  Sure it couldn&#039;t hurt to have an extra quarter mil...]]></description>
			<content:encoded><![CDATA[<p>Outrageous tale and outrageous greed.  4 million is a given &#8211; &#8216;but it could be 4.2&#8217;.</p>
<p>According to BaseballReference.com, John Olerud earned about 60 million dollars in his 16 year baseball career as a player.  Sure it couldn&#8217;t hurt to have an extra quarter mil&#8230;</p>
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		<title>
		By: Ron Miller		</title>
		<link>https://www.overlawyered.com/2012/11/neighbors-trees-block-view/comment-page-1/#comment-184886</link>

		<dc:creator><![CDATA[Ron Miller]]></dc:creator>
		<pubDate>Mon, 26 Nov 2012 16:17:16 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=34299#comment-184886</guid>

					<description><![CDATA[Aloysious A Gruntpuddock  and  asdasdf:

I don&#039;t have an opinion on this case.  (Based on what I know, I&#039;m probably with everyone here.)  But it is flawed logic to suggest that taking down a tree and taking down a house are the same thing.]]></description>
			<content:encoded><![CDATA[<p>Aloysious A Gruntpuddock  and  asdasdf:</p>
<p>I don&#8217;t have an opinion on this case.  (Based on what I know, I&#8217;m probably with everyone here.)  But it is flawed logic to suggest that taking down a tree and taking down a house are the same thing.</p>
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		<title>
		By: asdasdf		</title>
		<link>https://www.overlawyered.com/2012/11/neighbors-trees-block-view/comment-page-1/#comment-184875</link>

		<dc:creator><![CDATA[asdasdf]]></dc:creator>
		<pubDate>Mon, 26 Nov 2012 11:52:59 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=34299#comment-184875</guid>

					<description><![CDATA[By the way, the Seattle Times and some of the quoted city council members incorrectly suggest that the ordinance itself was drafted so as to require this result. This is false, the result was not required by the ordinance. Chapter 17.38 of the Clyde Hill Municipal Code, at http://www.mrsc.org/wa/clydehill/index_dtsearch.html , allows for a tree to be cut down only if the view &quot;unreasonably obstructs the view&quot; of a neighbor. 17.38.025 (Preservation of Views). The phrase &quot;unreasonably obstructed&quot; is repeated numerous times throughout the ordinance. (e.g. 17.38.050). 

In determining whether a view is unreasonably obstructed the board &quot;may consider several factors, &lt;b&gt;which include but are not limited to the following&lt;/b&gt;&quot;. 17.38.050(B)(2).

This is followed by a list of 7 factors. 

The city council apparently erred by reading out the &quot;not limited&quot; language in the ordinance: the council &lt;b&gt;only&lt;/b&gt; considered the seven factors in the ordinance. Had the council read the ordinance correctly, it would have considered other factors, the main one being the relative ages of the tree and the new house. More particularly, the council should have considered the fact that Olerud built his house on a vacant lot knowing full well the 50-year old tree was there.

The ordinance does not of course state that this consideration would be determinative. But most people seem to think it would be: the indignation about the result is that the council appeared to ignore the circumstances surrounding Olerud&#039;s building a house and then immediately complaining about its view.]]></description>
			<content:encoded><![CDATA[<p>By the way, the Seattle Times and some of the quoted city council members incorrectly suggest that the ordinance itself was drafted so as to require this result. This is false, the result was not required by the ordinance. Chapter 17.38 of the Clyde Hill Municipal Code, at <a href="http://www.mrsc.org/wa/clydehill/index_dtsearch.html" rel="nofollow ugc">http://www.mrsc.org/wa/clydehill/index_dtsearch.html</a> , allows for a tree to be cut down only if the view &#8220;unreasonably obstructs the view&#8221; of a neighbor. 17.38.025 (Preservation of Views). The phrase &#8220;unreasonably obstructed&#8221; is repeated numerous times throughout the ordinance. (e.g. 17.38.050). </p>
<p>In determining whether a view is unreasonably obstructed the board &#8220;may consider several factors, <b>which include but are not limited to the following</b>&#8220;. 17.38.050(B)(2).</p>
<p>This is followed by a list of 7 factors. </p>
<p>The city council apparently erred by reading out the &#8220;not limited&#8221; language in the ordinance: the council <b>only</b> considered the seven factors in the ordinance. Had the council read the ordinance correctly, it would have considered other factors, the main one being the relative ages of the tree and the new house. More particularly, the council should have considered the fact that Olerud built his house on a vacant lot knowing full well the 50-year old tree was there.</p>
<p>The ordinance does not of course state that this consideration would be determinative. But most people seem to think it would be: the indignation about the result is that the council appeared to ignore the circumstances surrounding Olerud&#8217;s building a house and then immediately complaining about its view.</p>
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		<title>
		By: Robert		</title>
		<link>https://www.overlawyered.com/2012/11/neighbors-trees-block-view/comment-page-1/#comment-184864</link>

		<dc:creator><![CDATA[Robert]]></dc:creator>
		<pubDate>Sun, 25 Nov 2012 19:59:12 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=34299#comment-184864</guid>

					<description><![CDATA[The Canadian mom who wants to ban oak trees has some great quotes like &quot;I&#039;m not a crazy mom.&quot;

Doctors quoted in the article mention that they&#039;ve never heard of a person having Anaphylaxis Shock because of acorns, but that doesn&#039;t stop this mom from wanting to rid Nature of all its Nuts. Too bad she doesn&#039;t own a mirror.]]></description>
			<content:encoded><![CDATA[<p>The Canadian mom who wants to ban oak trees has some great quotes like &#8220;I&#8217;m not a crazy mom.&#8221;</p>
<p>Doctors quoted in the article mention that they&#8217;ve never heard of a person having Anaphylaxis Shock because of acorns, but that doesn&#8217;t stop this mom from wanting to rid Nature of all its Nuts. Too bad she doesn&#8217;t own a mirror.</p>
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		<title>
		By: Robert		</title>
		<link>https://www.overlawyered.com/2012/11/neighbors-trees-block-view/comment-page-1/#comment-184863</link>

		<dc:creator><![CDATA[Robert]]></dc:creator>
		<pubDate>Sun, 25 Nov 2012 19:42:27 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=34299#comment-184863</guid>

					<description><![CDATA[Wow! What a great precedent! Now I can try to force my neighbors to cut down their tree that casts a shadow on my solar panels!]]></description>
			<content:encoded><![CDATA[<p>Wow! What a great precedent! Now I can try to force my neighbors to cut down their tree that casts a shadow on my solar panels!</p>
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		<title>
		By: boblipton		</title>
		<link>https://www.overlawyered.com/2012/11/neighbors-trees-block-view/comment-page-1/#comment-184858</link>

		<dc:creator><![CDATA[boblipton]]></dc:creator>
		<pubDate>Sun, 25 Nov 2012 15:03:42 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=34299#comment-184858</guid>

					<description><![CDATA[Well, Marco, in this country, money is green.

Bob]]></description>
			<content:encoded><![CDATA[<p>Well, Marco, in this country, money is green.</p>
<p>Bob</p>
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		<title>
		By: marco73		</title>
		<link>https://www.overlawyered.com/2012/11/neighbors-trees-block-view/comment-page-1/#comment-184857</link>

		<dc:creator><![CDATA[marco73]]></dc:creator>
		<pubDate>Sun, 25 Nov 2012 14:54:44 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=34299#comment-184857</guid>

					<description><![CDATA[Oh, who the hell are we trying to kid here? Rich guy gets what he wants. 
He offered the Brady&#039;s (owners of the trees) an amount of money that wasn&#039;t enough for them to remove the trees on their own. So to save some money, he then took then to a local kangaroo zoning board, who voted to force the owners to remove the trees. 
And this is in Seattle, that bastion of greenie tree-huggers. I guess the locals have shown their true colors, the color of money.]]></description>
			<content:encoded><![CDATA[<p>Oh, who the hell are we trying to kid here? Rich guy gets what he wants.<br />
He offered the Brady&#8217;s (owners of the trees) an amount of money that wasn&#8217;t enough for them to remove the trees on their own. So to save some money, he then took then to a local kangaroo zoning board, who voted to force the owners to remove the trees.<br />
And this is in Seattle, that bastion of greenie tree-huggers. I guess the locals have shown their true colors, the color of money.</p>
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		<title>
		By: wfjag		</title>
		<link>https://www.overlawyered.com/2012/11/neighbors-trees-block-view/comment-page-1/#comment-184849</link>

		<dc:creator><![CDATA[wfjag]]></dc:creator>
		<pubDate>Sun, 25 Nov 2012 10:40:15 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=34299#comment-184849</guid>

					<description><![CDATA[Where&#039;s the Lorax when he&#039;s actually needed?]]></description>
			<content:encoded><![CDATA[<p>Where&#8217;s the Lorax when he&#8217;s actually needed?</p>
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