‘Junk vehicle’ removal sparks due process lawsuit against Bellingham, staff
AI-generated summary reviewed by our newsroom.
- Motor home owners allege Bellingham officials seized vehicle without notice.
- Lawsuit claims affidavit misuse, lack of due process and illegal seizure.
- Plaintiffs seek damages, new city policies protecting vehicle dwellers' rights.
The Bellingham City Council authorized the mayor Monday to retain legal counsel for the city and its employees after they were named in a lawsuit alleging they improperly seized a motor home.
The lawsuit was filed in Whatcom County Superior Court on April 16 by Whatcom County residents Jerry and Terri-Lynn Land, who allege that city police officers and public works employees seized their motor home on Sept. 27, 2023, without giving notice or an opportunity to dispute the seizure or move the vehicle.
The defendants in the case — including the city of Bellingham, multiple Bellingham Police Department officers, a towing service and scrapping company that the city contracts with and a Public Works Department employee — dispute the allegations.
According to court records, Lt. Claudia Murphy investigated the Lands’ RV as a possible junk vehicle on March 7, 2023. A vehicle must meet specific criteria to be considered a junk vehicle under state law. If it qualifies, law enforcement officers and authorized inspectors can submit a junk vehicle affidavit and have it removed.
The lawsuit alleges that Murphy lied on the affidavit and never sent a copy of it to the Lands as legally required. They argue they did not know about the 15-day window they had to remove the vehicle from where it was parked without facing consequences.
The Lands said they had moved the vehicle anyway, but Murphy allegedly said the RV was “still a junk” and told a parking technician that the affidavit was still good. The technician wrote a postcard to Jerry Land informing him that the motor home was unauthorized and would be impounded on an unspecified date, court records state.
The lawsuit alleges that the technician did not put any postage on the card, and the Lands never received it.
The Lands regularly moved their RV around Bellingham to avoid breaking the city’s municipal code, which says vehicles can’t be continuously parked for more than 72 hours. They say they saw city and police vehicles parked nearby when they were preparing to move the motor home on Sept. 27, 2023, and Jerry Land went to fill up a gas can in anticipation of being asked to move, according to the lawsuit.
He told officers that he was going to get gas, the lawsuit alleges, but police vehicles and tow trucks surrounded the motor home while he was gone. When Jerry Land tried to fill the RV with fuel, he was stopped by officers, who allegedly threatened to arrest him.
The Lands told officers this was their only housing, and they were told to get a motel room or go to a homeless shelter, the lawsuit alleges. They were able to get some but not all of their belongings out of the RV, according to court records, as they “felt pressure … to move quickly under threats of arrest.”
The Lands then left to get their son from the hospital, where he was being discharged. When they returned, the RV was gone and had been taken to a scrap yard, according to court documents.
The Lands are accusing the city and other defendants of violating their rights to due process, unreasonable seizures and excessive fines, as well as the infliction of emotional distress. They are demanding a trial by jury and seek injunctions to require the city to develop policies and procedures that “adequately protect” people living in vehicles. They are also asking for monetary damages.
The city of Bellingham was recently forced to pay over $2 million in damages to individuals damaged by the Bellingham Police Department’s negligence. A jury decided unanimously that the department did not take the necessary steps to prevent domestic abuse carried out by one of its former officers.
The Lands’ lawsuit was last heard in court on June 6 at a dismissal hearing. The case remains active.