Evenson v. Lilley

282 P.3d 610 (2012)

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Nature of the Case

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Facts

P purchased 160 acres of rural property. It contained a number of pine trees and fruit trees, as well as grapevines and other trees. There was a utility building, a pole barn, and a lean-to shed as well. Ps leased part of their property for crops and hay and used the remainder for hunting, camping, and other recreational activities. D leased pastureland adjacent to Ps' property. D started a controlled burn but lost control and it spread to Ps' property, destroying the outbuildings and around 200 trees. P sued D for negligence seeking damages in excess of $75,000. Kip Hoffman, the president of a local nursery, appraised the damages for the trees at $307,999. This estimate was based on replacing 213 trees with trees of comparable sizes as well as installing and maintaining an irrigation system for the replacement trees. Sooner Construction provided a proposal for replacing the three destroyed wooden outbuildings with new metal buildings at a cost of $23,500. David Sundgren, a certified general real estate appraiser, provided an appraisal of total damages to the property of $4,687 plus the cost of removing building debris left from the fire. Sundgren estimated the total value of the property, including improvements, to be $137,187 before the fire and $132,500 after the fire, taking into account the economic and aesthetic value of the trees, the loss of the structures, and the likely resale value of the property. The district court held that the measure of damages was the difference in the fair market value of the property before and after the fire. It awarded damages of $4,687 for the loss in value of the property and $3,000 for the cost of debris removal. Ps appealed. The Court of Appeals affirmed. Ps appealed.