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City files lawsuit against man accused of felling tree

Logger from Welches agrees to settlement

By Mara Stine

The Gresham Outlook, Sep 8, 2009, Updated Oct 30, 2009 (6 Reader comments)

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A homebuilder who is accused of having a tree illegally cut down to sell a house could have to pay nearly $96,000 in damages if Gresham wins a lawsuit it has filed.

The suit against Matthew Morrell in Multnomah County Circuit Court seeks more than $34,000 in penalties, plus $2,345 in arborist fees in addition to court costs.

As reported in The Outlook in April, Morrell allegedly hired a logger to cut down a 75-year-old Douglas fir to improve the view from a house at 3868 S.E. Deer Creek Way in the Country Club Estates subdivision.

A buyer wanted to purchase the $785,000 home, but the deal was subject to removal of a fork-topped tree blemishing an otherwise picture-perfect view of Mount Hood.

The tree, however, didn’t belong to Morrell. It wasn’t on his property. Instead it was on land owned by the Persimmon Country Club Homeowners’ Association.

Not only did Morrell not have the required tree-removal permit, but when the huge tree fell, it damaged six other trees, five of which are expected to die as a result. According to an arborist’s review, estimated damage to the trees is valued at $31,950.

City code allows Gresham to seek up to three times that amount, or nearly $96,000, as damages. This spring and summer, the city negotiated with Morrell and logger Tom Rutledge of Welches on a possible settlement

Rutledge has tentatively agreed to plant 49 5- to 6-foot tall Douglas firs on property owned by the homeowners’ association.

Morrell has yet to reach a settlement with the city, said Heather Pauley, assistant city attorney. “He disappeared,” she said. As a result, the city filed suit on Aug. 19. Morrell did not return a message left on his voice mail seeking comment on the lawsuit.

“We want the message to get out that people can’t just cut down any tree in Gresham, and in particular within the boundary of the Persimmon community,” said Robert Harland, homeowners’ association president.

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Reader comments

Re: City files lawsuit against man accused of felling tree

It's a stupid tree, get over it Demorats. Turn it into firewood, problem solved.

I vote "NOT GUILTY"!

"Liberalism Is A Mental Disorder!!!!"

(email verified)

Tue, Sep 08, 2009 at 11:00 PM

Re: City files lawsuit against man accused of felling tree

Liberalism,

I should think that you would be as furious about this character as anyone else.

IT WASN'T HIS LAND! That is the key sin. We of the property rights mindset stress that over and over again, when we vent on government and other busy bodies telling us what we can or cannot do WITH OUR OWN LAND.

This guy comes along and cuts a tree on SOMEONE ELSE'S LAND???!!! I say throw the book at him. Take his money (and his house?) away. And let him ponder his wrong-doing in prison for a year or so. (At hard labor of course, perhaps he could clear some more land on the county veggy farm?)

"Jim Ourada"

(email verified)

Wed, Sep 09, 2009 at 09:45 AM

Re: City files lawsuit against man accused of felling tree

Citizens of Gresham have been complaining about trees being cut down (without permits, protected by code, conditions of approval, etc) for years. The last sentence says it all "in particular the boundary of the Persimmon Community".

Special treatment, you betcha!

"Trees only count in Persimmon"

(email verified)

Wed, Sep 09, 2009 at 03:42 PM

Re: City files lawsuit against man accused of felling tree

I agree with "Trees only count". This is only a big deal in Persimmon, with all it's wealthy people. I'm sure that this has had 96000 dollars worth of damage...right. Hey, if you need some mature trees to transplant, I've got an acre of 30 year old doug firs that need thinning. No 5 trees is worth 30k. If they were, loggers would be rich, but they're not. Keep lying about the price, rich Persimmonites

"Ted"

(email verified)

Wed, Sep 09, 2009 at 08:29 PM

Re: City files lawsuit against man accused of felling tree

Yikes! All this over a tree? I can't believe the dollar amounts but rules are rules and when greed keeps you from following the rules you should pay. I don't understand why they didn't approach the land owners and cut a deal between them??? I'm sure they could have come up with something far less than $96 grand in fees not to mention the attorney fees. Yikes! It angers me that courts will be tied up with this. Follow the stinking rules!

"YIKES!"

(email verified)

Thu, Sep 10, 2009 at 12:11 PM

Re: City files lawsuit against man accused of felling tree

I read the story and I am split down the middle.

1. the tree was on some ones elses land toss the book at him.

2. you should not need permission from the city to cut down a tree on your land and then only if you won't take out your or your neighbors home, power, phone or utility pole.