‘They were 2 feet away from having a dead 6-year-old’: Portland family sues city for $4.7M after a fir tree they were were prevented from chopping crashed into their home

“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 family has been through hell”

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."

Steps to take if your tree removal request is denied

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.