Areas of Practice
Evergreen has assisted numerous clients navigate their responsibilities under MTCA, including taking several such cases to trial to obtain an equitable allocation.
In addition to representing clients in environmental cleanup cases, Evergreen Property Law also advises and represents businesses and landowners with their NPDES permit obligations under the Clean Water Act.
The key in nearly every eminent domain case is working with the right appraiser. Evergreen Property Law is fortunate to work with the top appraisers around the state. Pairing with an appraiser early in the process provides insight into the best approaches to resolve an eminent domain matter in a cost-efficient manner.
Eminent Domain
When a government agency desires to take land, it can exercise the power of eminent domain and condemn the land. Sometimes all that is needed is an easement. Sometimes the government needs all of the land rights – something called a “fee” take. Whichever the form, counsel at Evergreen Property Law have experience representing landowners and tenants face condemnations from WSDOT, Sound Transit, the federal government, utility companies, Port districts, and cities across the State of Washington.
It is also important to understand what options landowners have throughout the process, such as whether their business can be relocated and who pays for that. Questions frequently arise over whether a disruption to the business will be compensated by the government. Developers often want to ensure access to their property will remain the same, and what impact government projects may have on the future viability of planned developments. Common among all owners is the question of how long this will take? The answers to these questions vary case by case, so it is important to retain counsel who has actually worked numerous condemnation cases and thoroughly understands the process.
Evergreen Property Law is currently advising clients on several projects throughout the state of Washington, including:
Sound Transit’s extensions to West Seattle, Ballard and Everett.
Sound Transit’s BRT project through Lake Forest Park, Kenmore and Bothell.
The Port of Moses Lake’s railway project.
Grant County PUD’s high voltage QTEP.
City of Everett’s baseball stadium.
WSDOT improvements.
Environmental Law
Washington voters enacted the Model Toxics Control Act (“MTCA”) to couple with, and expand on, the provisions of its federal counterpart, CERCLA.
These statutes enable landowners to recover certain cleanup costs from prior owners, operators and tenants when soil and groundwater are contaminated with hazardous substances, like spills or releases from former drycleaning businesses, auto repair shops and gas stations.
Attorney James Bulthuis has assisted numerous clients navigate their responsibilities under MTCA, including taking several such cases to trial to obtain an equitable allocation.
In addition to representing clients in environmental cleanup cases, Evergreen Property Law also advises and represents businesses and landowners with their NPDES permit obligations under the Clean Water Act.
Real Estate Disputes
Few disputes are as contentious as those between neighbors over claims of adverse possession. What many believe is the property line for their land may not be the case. Evergreen’s attorneys have represented numerous landowners litigate and resolve boundary line disputes arising from adverse possession, faulty surveying, or ambiguous land descriptions. Relatedly, these disputes may generate title claims with title insurance companies and previous owners. Evergreen Property Law has experience assisting landowners navigate through these disputes as well as those involving CC&Rs and homeowner association matters.
Commercial Litigation
Evergreen Property Law has represented clients from early negotiations through prevailing at trial in matters accusing employees of trade secret misappropriation, breaches of noncompetition and non-solicitation agreements, countless contract disputes, and receiverships.
Construction Law
Construction Law Construction projects involve overlapping contracts, tight timelines, and a lot of parties with competing interests. When something goes sideways — a delay, a defective installation, a payment dispute, a mechanic’s lien — the legal questions tend to compound quickly. Evergreen Property Law represents owners, general contractors, subcontractors, and suppliers in disputes arising out of commercial and residential projects throughout Washington.
Evergreen’s attorneys have extensive experience handling matters involving breach of contract, construction defects, delay and disruption claims, lien foreclosures, and bond claims. The firm advises clients on the front end where it makes sense — reviewing contracts and project documentation before problems arise — and is prepared to litigate when a dispute cannot be resolved through negotiation.
Defamation
A false statement published to a third party can cause real and lasting harm — to a person’s reputation, a company’s customer relationships, or the value of a business. Defamation claims in Washington require careful attention to the elements of the tort, applicable privileges, and the distinction between fact and opinion.
Evergreen Property Law represents both plaintiffs seeking to vindicate their reputations and defendants responding to claims that lack merit. The firm assesses each matter realistically, advises clients on the likely cost and time involved, and pursues the strategy that fits the client’s actual goals — whether that is a retraction, a negotiated resolution, or trial.
Land Use
Land use law in Washington is shaped by the Growth Management Act, the State Environmental Policy Act (SEPA), local comprehensive plans, and the zoning and permitting decisions of cities and counties. Whether a project moves forward — and on what terms — often comes down to the regulatory process as much as the underlying real estate.
Evergreen Property Law advises landowners, developers, and businesses on zoning, permitting, variances, conditional use applications, and SEPA review, and represents clients in administrative appeals and LUPA proceedings when a local decision needs to be challenged. The goal is the same as in our other practice areas: a clear assessment of the options, the costs, and the likely outcomes, so clients can make an informed decision about how to proceed.
Business Disputes
Disputes between business partners, shareholders, vendors, and customers are often as much about preserving the business as resolving the immediate disagreement. Evergreen Property Law represents closely held companies, family businesses, and larger commercial clients in disputes involving breach of contract, partnership and LLC member disagreements, breach of fiduciary duty, trade secret misappropriation, and non-competition and non-solicitation issues.
Evergreen’s attorneys strive to give clients a candid view of the strengths and weaknesses of their position and work toward the most efficient resolution available — whether that means a negotiated settlement, mediation, or litigation.
The firm takes a practical approach to valuing claims, drawing on years of trial experience to assess what a case is realistically worth and what it will take to get there. Clients receive a clear explanation of their rights, the likely timeline, and the strategy best suited to their situation — and the firm is prepared to take a case to trial when the other side will not offer a fair resolution.