Property owners adjacent to the Bull Springs Fire that ignited on March 28, 2021, are suing James Verheyden, the owner of the land the fire originated on, for $2.4 million, according to court documents filed on March 24. The fire burned 211 acres, destroyed two outbuildings and caused nearly 200 residents to evacuate their homes before firefighters were able to contain it.
The fire started from a burn pile that rekindled after workers performed slash burns, a fire mitigation strategy that strategically burns fuels to prevent large forest fires, on Verheyden's 600-acre property. Workers conducted the prescribed burns between Feb. 4, 2021, and March 15, 2021. The fire broke out after strong winds flowed in from the west and northwest and agitated the smoldering foliage.
"Heat can hold in burn piles and even under soil for many weeks with no visible smoke. With limited recent moisture in Central Oregon vegetation and wildland fuels are very dry, making them susceptible to ignition and rapid fire spread, especially on windy days," an Oregon Department of Forestry press release from March 31, 2021, said.
The lawsuits against Verheyden claim he acted negligently, resulting in a fire. Verheyden pleaded no contest and paid a $115 fine on May 3, 2021, for failing to comply with a permit to conduct slash burning. The permit stipulates that slash pits should be patrolled as necessary until cold to the touch to prevent fire spread. The Oregon Department of Forestry's fire incident report on the Bull Springs Fire says various agencies spent $88,731 on fire suppression and estimated $37,709 in damage. On March 5, 2021, Verheyden's attorney claimed in court documents that the fire may have been started by an arsonist.
"There has been no determination or even a suggestion that the Verheydens started the Bull Springs fire. To the contrary, Dr. Verheyden's care for his land prevented the fire from truly taking off. Additionally, several factors corroborate the strong possibility that an arsonist started the fire," the complaint says.
Verheyden claimed arson is one reason he installed gates on Forest Road 4606 in May 2021, along with the high cost of maintenance and a land use decision from 2004 — though Deschutes County Road Department officials told KTVZ that decision is irrelevant. Verheyden owns a section of the road, but it's within an easement held by the U.S. Forest Service that the USFS says keeps the road open to the public. The move was controversial for many hikers, cyclers and joggers, who used the road to access public lands.
Two of the plaintiffs, Christian and Patti Calande and Peter and Jacqueline McCook, are seeking $900,000 in damages while Eric and Kathleen Carr seek $600,000. All three lawsuits read similarly and were filed by attorney Brent Smith. Each of the plantiffs seek $500,000 in noneconomic damages, including emotional distress, inconvenience, mental anguish and the loss of quiet enjoyment of their property. The remaining $900,000 is in damages to the plaintiffs' properties. The lawsuits states the fires burned 61 acres of the McCook's property, 40 acres of the Callande's property and 8 acres of the Carr's property.
"Defendants' negligence, recklessness and gross negligence caused foreseeable harm to Plaintiffs' Property and economic damages, including loss of two outbuildings, vegetation, trees, the creation of hydrophobic soil conditions, the creation of conditions facilitating noxious weeds proliferation, dangerous trees, craters from burned out trees and stumps, damage caused by the building of fire lines and fire roads and the use of heavy equipment all causing loss of use, benefit, diminution in value, and/or enjoyment of Plaintiffs' Property," the McCooks' lawsuit against Verheyden said.
