‘They were 2 feet away from having a dead 6-year-old': Portland family sues city for $4.7M over tree permit
A Portland, Oregon family was stunned when a 150-foot Douglas fir tree crashed into their home during the January 2024 snowstorm — with them inside.
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Joel and Sarah Bond had filed for a removal permit back in January 2022, but Portland's Bureau of Urban Forestry denied the request, stating "no serious structural defects were observed," and that cutting it down would 'significantly affect the neighborhood character.'
'I saw wood and debris on the ground, a collapsing roof,' Sarah wrote in an account of the moment, reported KGW 8. 'I scream my daughter's name. Silence. Then I hear my husband say, 'I got her!''
The Bonds' six-year-old daughter was only a couple of feet away from where the tree smashed into the house.
'They'll still have to live knowing that they were two feet away from having a dead six-year-old,' their attorney, Joe Piucci, told KGW 8. The family, who are currently living in a rental while their home is repaired, are taking the City to court for $4.7 million.
The Bonds said they feared the tree posed a danger soon after they bought the home a few years ago. In January 2022, they applied for a permit to remove it.
According to court documents, the couple claim an arborist spent less than 10 minutes inspecting the tree and missed several signs that it was diseased.
Photos taken at the time showed the tree visibly leaning toward the house. But the City denied the removal, saying it didn't meet the threshold for removal under Portland's tree code.
'They tried to protect their home and the City prevented them from protecting their home,' Piucci told KGW 8, '(The City is) not concerned about people's safety; they're concerned about keeping the tree canopy.'
According to the government website, the city's tree code 'lets homeowners easily remove problem trees (those that are dead, dying, diseased, dangerous, nuisance species, or too close to buildings) with the provision that a new tree be replanted to replace the one being removed.'
The permit denial included an option to appeal for a $200 fee, which the Bonds declined. 'They thought, 'Why would I pay $200 to the city to tell me that I'm wrong again?'' said Piucci. 'They're not arborists — the Urban Forestry Department is full of arborists.'
Both the City of Portland and City Forester Jennifer Cairo are defendants in the case. In response to the Bonds' tort claim filed last fall, the City reportedly suggested the tree's survival for nearly two more years after the initial inspection indicated it wasn't in poor condition at the time. 'Although the damage of property is certainly unfortunate, we conclude that the City is not legally liable for that damage,' it said.
Piucci called that response 'offensive' and added, "Their family has been through hell over the last 14 months."
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Denied a tree removal permit, but worried your tree might be hazardous? Here's what you can do to protect your home and your family.
First, be sure to request written documentation. Ask the city for a detailed explanation of why the permit was denied.
Take clear photos or video showing the tree and any visible defects, leaning, dead limbs, or proximity to structures and document all your communication by keeping emails and letters to show your attempts to follow process and raise safety concerns.
Consider hiring an ISA-certified arborist who can inspect the tree and provide a risk assessment report. You can check resources such as the Find an Arborist tool on the International Society of Arboriculture.
Many cities, including Portland, allow you to appeal permit decisions so you can also consider filing an appeal.
If you're hitting dead ends but believe there's a real danger, consulting an attorney may be worthwhile.
As for the Bond Family, beyond financial damages, they are also hoping to push the city to ease its restrictions on tree removal to improve safety.
If the case is not settles, Piucci expects it could go to trial within the next 18 months.
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This article provides information only and should not be construed as advice. It is provided without warranty of any kind.
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