Town of Clyde Hill v. Roisen

Andersen, J.—

Facts of Case

At issue in this case is whether a town's "naturally grown fence" ordinance is unconstitutionally vague as applied to the defendant's fir trees.

The plaintiff herein is the Town of Clyde Hill. In 1978, Duane Roisen, defendant herein, landscaped his Clyde Hill home with approximately 70 fir trees which were 16 to 20 feet tall. The defendant planted 13 of the trees at distances of 2 to 12 feet from the eastern boundary of his property where it abutted the property of his neighbor, Mr. Gayte. At the time the trees were planted, as well as on later occasions, this…