Law & Justice

Oregon Appeals Court Upholds $810,000 Treble Damages for 2018 Timber Trespass

By TOI World Desk

In a case involving adjoining properties known as Government Lots 6 and 7, Tom Butori of Lot 6 sued Bosma Enterprises Inc., in which Henry Bosma had an ownership interest, after workers hired by Bosma cleared trees, shrubs and other plants from an area that Butori claimed was his property. The clearing allegedly extended up to 150 feet beyond the property line. A jury found the timber trespass to be willful or intentional and awarded Butori $810,000 in treble damages. On April 8, 2026, the Oregon Court of Appeals affirmed the judgment in Butori v. Bosma (case number A181266). The court rejected three challenges raised by Bosma and Bosma Enterprises. First, the defendants argued that the trial court improperly allowed Butori to testify about his understanding of the boundary after meeting the county surveyor. The appeals court held that Butori’s testimony was not hearsay because it was based on his own observations and the meeting, not a repeat of the surveyor’s out‑of‑court statement. Second, the defendants contended that evidence of an earlier timber trespass settlement between the parties could lead jurors to assume admission of fault. The trial court admitted the agreement only to show that Bosma knew the boundary was disputed, and the appeals court found no error in that decision. Third, the defendants claimed there was insufficient evidence to hold Bosma personally liable rather than the company. The court explained that a person is not automatically protected from liability for their own actions simply because they act through a business. Evidence showed that Bosma had hired a surveyor in 2011 to prepare a topographical map and in 2018 to document the clearing. The surveyor testified that Bosma was dismissive of boundary warnings and that the clearing was located on Butori’s property. The appeals court concluded that the jury could reasonably infer that Bosma personally directed or caused the clearing and acted intentionally. The decision, available on Justia, confirms the $810,000 treble‑damages award and leaves the judgment unchanged.