Supporters of the Davis Meeker Gary Oak tree along Old Highway99 may further delay Tumwater’s plan to cut down the historic tree after a partial win at a court hearing on Friday, Sept. 6.
Thurston County Superior Court Judge Anne Egeler allowed the Save the Davis Meeker Gary Oak (SDMGO) group to pay a bond of $10,000 to secure a stay against Mayor Debbie Sullivan’s plans while the case is being reviewed at the state appellate court.
The state appellate court decided on July 23 to terminate by August 30 a stay on a temporary restraining order against the tree’s removal but eventually extended the stay until September 13 to allow for the bond proceedings at the superior court.
In a press release, SDMGO explained that paying the bond was based on a “rule on appeal whereby a party can stop a second party from taking action if the first party pays a bond. The first party then gets an automatic stay.” The group added, “The rule says that even though the case is on appeal, the superior court judge gets to decide the bond amount initially.”
SDMGO requested that Egeler set the bond at $200, but Sullivan’s legal team argued that it should be $10,058,000.
The group said in a press release that $10 million “far exceeded what the group could afford.”
One factor considered in determining the bond amount is the amount of loss the city is likely to incur if it cannot use the Davis Meeker property as it wishes.
Sullivan’s attorneys argued that $10 million protects the city from insurance claims should it be prevented from addressing the hazard that the tree poses.
The attorneys cited a recent claim for $11 million in damages for a single fatality after a tree fell on a passing motorist in Cowlitz County. The amount is also consistent with what the city’s insurer told the mayor, according to Sullivan’s legal team.
The remaining $58,000 represented attorney’s fees and future expected fees on appeal, which are also factors in determining the bond amount, according to rule 8.1 of Washington State Courts’ Rules of Appellate Procedure (RAP).
SDMGO only valued Sullivan’s attorney’s fees at $200 per RCW 4.84.080.
The group also argued against Sullivan’s request for $10 million, explaining that even without the stay the city cannot remove the tree, as it needs to get a permit from the Washington Department of Archaeology and Historic Preservation first.
“A stay pending appeal would not change the status quo,” the SDGMO wrote in a motion to set the bond.
In deciding the bond, Egeler said that a $10,000 bond recognizes that the city has some potential liability should the tree fall and strike someone.
“I am not taking into account every possible permutation and weather event that could possibly happen involving multiple cars or airplanes or everything imaginable. I'm setting this at a reasonable amount pursuant to RAP 8.1,” Egeler said at the hearing.
Egeler also denied Sullivan’s motion to award her $13,003 in legal fees as Sullivan’s legal team believed that the court wrongfully issued a temporary restraining order against the tree’s removal on May 24.
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JHermes
Seems like she doesn't like being mayor.
How much has this all cost compared to leaving the 400-YEAR-OLD tree alone?
Can we organize a bake sale to just pave a detour around the tree?
Wednesday, September 11 Report this
BevBassett
$10 million is a drop in the bucket of what special interests would reap in future profits and accumulated wealth if and when the magnificent 400 year old Davis Meeker Garry Oak is removed to enlarge the airport--as is the obvious plan. Removal of that giant tree is one of the requirements for airport expansion.
Ultimately there'll be billions and billions of wealth created if and when the special interests prevail and eliminate this one 400 year old obstacle to 'economic growth' in Tumwater. The special interests have a real friend in Mayor Sullivan; absolutely no doubt about it. That's good because she'll need every friend she can muster to counter the ill will she's building among her constituents with her heavy-handed use of her political authority.
Wednesday, September 11 Report this
Treehugger1
Thank you Judge Egeler for giving more life to the magnificent Meeker Oak for an extended time. It is the goodwill of those who value our precious green earth that has brought some justice for "our" dear old oak tree. Now the people can put their collective arms around this noble tree, and hopefully prevail.
Wednesday, September 11 Report this
GinnyAnn
Why can't the city of Tumwater put up a pretty fence around the tree and make the area into a small park with a bench? Celebrate the tree with an informative sign telling the significance of the tree and why we want to save it. Other towns and cities around the world have done this with beautiful trees that draw tourists and give their cities a place of serenity. Instead of the mayor's continually constructing more airport buildings and widening the road on top of the tree's location, the mayor could allow the tree to stand as a signature landmark for Tumwater. So what if the tree doesn't generate funding? Does everything in the world have to bring revenue in order to have value to to us? Or is that the mayor's only measure of value?
5 days ago Report this