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County faces lawsuit over Coal Creek Road landslide

Thursday, May 15, 2008 11:33 PM PDT

By Tony Lystra

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The family of a Longview man who was driven from his home in March by a landslide has filed a $160,000 claim against Cowlitz County, saying officials allowed a neighboring property to be logged and developed despite well-documented risks that the hillside could fail.

Chuck Anderson, 64, has been living in his RV since a slog of mud and trees came down on his Coal Creek Road property. A tree struck the roof, cracking a beam, and the county has declared the home uninhabitable.

County officials said they’re awaiting a report from a geotechnical expert hired to study the incident.

Officials also hired an adjustor, who estimated the damages at just less than $20,000.

But Anderson’s son, Wade Anderson, who is handling the claim on his father’s behalf, said his family wants the county to compensate Chuck Anderson for the full value of the property: $160,000.

“The hillside is still a danger,” he said. “Even if they had a brand new house there, he wouldn’t live there because of the fear of the rest of it coming down.”

The slide comes after Chuck Anderson’s neighbor, David DuVall, logged a portion of his property and built a house there. County officials said last month that three geotechnical studies were done prior to the work. Yet, officials said they are unsure why the hill came down.

Click here to view a short video on the landslide that was produced in late March.

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Whitey wrote on May 16, 2008 2:57 AM:

" Good luck there young Wade, You might have a chance at compensation for the damages, but not the entire amount. And good luck getting the county to pay up. They dont' like to pay out they only take money in, like when you get a building permit and then they send inspectors and finally if somthings not right they take absolutley no responsibility. Take note you vile excuses for county commissioners election days coming and you'll be out of a job... Well I guess you could become building inspectors!!! "

common man wrote on May 16, 2008 7:08 AM:

" I thought that property owners were responsible for damage to a neighbor from their actions? Why is Mr. Anderson not holding Mr. DuVall responsible? It sounds like his actions caused the damage. OR what about the the expensive geotechnical experts, or are they not held accountable for their recommendations? "

Nope wrote on May 16, 2008 8:28 AM:

" They're not held accountable for their actions, at all. Geotechs will provide you with documentation explaining their "educated opinion", but there are more pages of disclaimers than there is opinion. The actions of the neighbor were ALLOWED by the county, while questions were raised regarding this potential. It would be the county on the hook for this one. This is an unusual lawsuit - most people go for the throat - Mr. Anderson is not. I think the county should just pay the man off, save the rest of the dough for the citizens. Don't defend this Cowlitz County. "

Citizen wrote on May 16, 2008 9:12 AM:

" If by chance you don't win this lawsuit, I hope sincerely you take it to appeals court. This state needs some strong laws to protect property owners from stupid mistakes like this.

By the way, a geo-technical report on the stability of the property means NOTHING if it was done BEFORE the improvements were made. It will not show the danger posed by the new elements.

We need stricter laws. This property owner should be paid for the full value of the property, and the property should be condemned by the county.

Period.

The new uphill homeowner who built new structures is NOT at fault since he was permitted by the county for the work. "

and wrote on May 16, 2008 9:14 AM:

" They hired an "Adjustor". I take that to mean an insurance adjustor. That was a mistake, because an adjustor generally has no clue about the external obsolesence "incurable" and how those forces play to the value of the home. It isnt just the cosmetic damage to the home. Seeing how this is being handled, I see the county paying these people. But it shouldnt stop there. Someone should held accountable for actions taking place above the home. Reasonable care was not a consideration, based on history of ground movement in the area. "

What about Duvall wrote on May 16, 2008 1:10 PM:

" Shouldn't someone be looking much more closely at Mr. Duvall's involvement/liability? "

to Nope wrote on May 16, 2008 1:17 PM:

" The county is at fault because Duvall diverted the drainage, after the county told him not to? Interesting reasoning, there nope. Seems Duvall should pay every penny, for it appears his saturation of the area may be what led to the trees falling down. "

Overeducated wrote on May 16, 2008 4:24 PM:

" Next time you get angry about the county telling you what you can and can't do with your property, remember this story. Do you really want the county telling you to cut down trees or not? Do you want them telling you that there is nowhere on your five acres suitable to build a house? First you cry that the county did not protect this man then you are mad when they try to tell you what to do. Which way do you want it?

And nobody has mentioned that this guy built his house next to a twenty foot cut bank. Hmm let me put my house right below this cliff and when it slides it will be the county's fault? "

re Overeducated wrote on May 16, 2008 5:49 PM:

" Well said and true of probably 80% of comments from people responding to stories about city or county activity. Ignorant whining crybabies is what they are.... "

mannie wrote on May 22, 2008 3:09 PM:

" FYI Overeducated- Mr. Anderson did not build the house...it was already built there when he bought it. "

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