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County denies claim, mud slide victim may sue

Sunday, September 14, 2008 11:16 PM PDT

By Tony Lystra

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Cowlitz County has denied a claim filed by the family of man driven from his home by a mud slide west of Longview last spring.

In March, a hill came down on Chuck Anderson’s property along Coal Creek Road, bringing with it trees and brush and cracking a beam that ran the length of the home.

Anderson’s family filed a $160,000 claim against Cowlitz County in May, saying county officials knew the area is prone to slides but allowed neighbor David DuVall to log and develop his land anyway.

County deputy prosecutor Michael Evans said the county denied the claim because “we didn’t feel that we were legally liable based on our investigation and the information we received from our experts.”

Last week, Chuck Anderson’s son, Wade Anderson, said his family may sue the county.

“We’re still investigating that option,” he said. “I’m really frustrated and angry with the county. I want people to know what their county is doing to its constituents.”

The family, he said, is also trying to settle the matter out of court with DuVall.

On Wednesday, DuVall said he never imagined that the hill would come down.

“I feel bad about what happened,” he said. “But I would never have moved my whole family into this home if I thought there were any issues. We applied for all the geotech reports and did everything we were supposed to.”

The county has condemned Chuck Anderson’s house, and Wade Anderson said he’s looking into options for restoring the property and selling it.

He said his father, who worked at Reynolds Metals Co. for

20 years, has walked away from the property and is now living in a new motor home parked at a family member’s house.

“It’s just a nightmare he wants to get away from,” he said.

The slide happened after DuVall logged a portion of his property and built a house there. County officials have said three geotechnical studies were done prior to the work. They said they’re unsure why the hill gave.

Evans said the geotechnical data were considered when the county reviewed the Anderson family’s claim. But he declined to discuss the reports in detail, saying the county anticipates a lawsuit.

“There’s some information that will come out in the lawsuit,” Evans said. “It’s premature for it to come out now.”

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speak into the microphone wrote on Sep 15, 2008 5:33 AM:

" It is time for the county to nut up and pay the family for the damages and the stress they have been put through. These people have all the proof in the world to try their case but the county just hope's that this will go away,,,NOT A CHANCE!!!! "

overeducated wrote on Sep 15, 2008 7:29 AM:

" Here's a hint: Don't build your house below a 20 foot cut bank.

I am sure everyone will blame the county. Although those same people are the ones who don't want the county involved in decisions regarding their property.

I feel bad for this gentleman but the county is not responsible for a lack of common sense. "

skibum wrote on Sep 16, 2008 12:47 PM:

" Overeducated.....needs to change his or her name to "Undereducated". The land was perfectly fine until it was logged. Many people build on sloped land that poses no threat. But remove the vegetation, and you have created an accident waiting to happen (as is the case here). What if the county let a company run gas pipes under your house and then your house caved in? I guess Undereducated wouldn't understand who would be responsible here either! "

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