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Lawsuit Filed Against Washington Utility Company and Tree Cutting Company for Wildfire

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Case ID: 4602 | Environmental | 01/16/2006

A class action lawsuit filed in Spokane U.S. District Court blames Columbia Rural Electric Association and Asplundh Tree Experts for the 2005 School Fire.

The lawsuit was filed by Keller W. Allen, a former Pasco resident who owns about 1,200 acres in Columbia County.

The School Fire started Aug. 5 after a tree branch fell on a power line in the Tucannon River drainage's School Canyon. It raged for 13 days, burning 52,000 acres and destroying 215 homes, recreational cabins and outbuildings. The cost of fighting the blaze was nearly $12.4 million.

Allen and his attorney, both of Spokane, Washington, say the tree that the branch tumbled from was a dead 52-foot Ponderosa pine. The tree was "structurally impaired," according to the lawsuit, and should have been removed long ago by Columbia REA, which owns and operates power lines in the area. The lawsuit contends the snag was visible from a road routinely used by Columbia REA.

Pennsylvania-based Asplundh Tree Expert Co. is named as a defendant because Columbia REA had a contract with the company to keep the right of way clear of hazards, the attorney for the plaintiffs stated.

One of the attorneys representing homeowners said the fire could have been prevented if the tree had been cut down.

If a judge approves the class action, anyone who suffered losses because of the fire automatically would be included in the lawsuit unless they asked to be excluded.

The lawsuit alleges that damages exceed $5 million, but an exact amount cannot be determined until each individual claim is considered.



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