Jensen v. City of Everett

Loren and Dianna Jensen (Jensen) (plaintiffs) owned three acres of land in Everett, Washington. They built their home on the property, at the top of a ravine that was designated as an environmentally sensitive area under an ordinance of the City of Everett (city) (defendant). Jensen twice requested permission from the city to cut down trees on the property, to create a view of Puget Sound from their home. The city denied these requests because they violated the ordinance designating this area as environmentally sensitive. The city ordinance was adopted pursuant to authority delegated to the city in the state Growth Management Act. After receiving legal advice that cutting down the trees was permitted by the Washington Forest Practices Act (FPA), Jensen cleared two acres of land before the city was able to post a stop-work notice. The city gave Jensen notice of a short- and long-term mitigation plan that would have to be implemented because of the ordinance violation. Jensen refused to complete the long-term mitigation activities, and the city issued a notice of violation. A city hearing examiner concluded that Jensen had violated the ordinance and was required to complete mitigation measures. Jensen sued the city in district court to prevent the enforcement of this order, alleging that the city’s ordinance was preempted by the FPA. The trial court dismissed the lawsuit. Jensen appealed.