Yarnell Homeowners File Appeal Over State's Responsibility

By Laurel Morales
August 04, 2015
Wildfire
Laurel Morales
Wildfire destruction in Yarnell.

Yarnell homeowners appealed the dismissal of two lawsuits Monday. The residents’ attorney said the state is liable for the 127 homes burned by the Yarnell Hill Fire, because it failed to contain the fire that started on state land.

In April, a Maricopa County Superior Court judge ruled the state of Arizona didn’t have any responsibility outside state land.

"The state had the resources and the opportunity to put this fire out within the first few hours it started and failed to do it," said Craig Knapp,  the attorney who represents the Yarnell residents who lost homes. "And they should be held legally responsible for that."

Knapp said the state undertook an effort to protect Yarnell "non negligently." 

Nineteen firefighters were killed in the 2013 fire. Twelve families settled a wrongful death lawsuit in June.

The state forestry division did not admit liability in that settlement. It did agree to implement new wildland firefighting procedures to improve safety.