Thursday, October 1, 2026
A lawsuit against Tumwater that started two years ago as a way to prevent former Mayor Debbie Sullivan from removing the historic Davis Meeker Garry oak tree has run its course.
Plaintiff Save the Davis Meeker Garry Oak said in an announcement that Thurston County Superior Court Juge Anne Egeler entered an order that calls for state approval before the tree can be altered or destroyed.
The plaintiff made the announcement on July 29 after the order was entered on July 16.
Egeler declared the city may not alter or destroy the historic tree without the approval from the Washington State Department of Archeological and Historic Preservation (DAHP).
Egeler made a similar ruling on Dec. 26, 2025, stating the tree may not be altered or destroyed without the approval of the Tumwater Historic Preservation Commission.
In a May 8 court filing, the plaintiff requested the declaratory ruling, arguing the tree was protected by under Chapter 27.53 of the Revised Code of Washington (RCW). The group contended the state's archaeological law protects, not just discrete objects, but culturally significant places as well.
“RCW 27.53.040 makes clear that protection under Washington’s Archaeological Sites and Resources (law) is not limited to discrete, portable objects like arrowheads pottery, but instead reaches any place bearing cultural or historic significance,” states the group in the court filing.
In a response filed on June 1, the city said it was already complying with DAHP’s requirements, so the issue was not a “justiciable controversy.”
Both parties ultimately brought the lawsuit to an end by signing onto the agreed order from Egeler. The order also resolves all remaining legal claims in the case without requiring either party having to pay the other’s attorney fees.
The lawsuit originated in May 2024 after the plaintiff secured a temporary restraining order (TRO) to prevent the planned removal of the tree.
Sullivan wanted to remove the tree due to safety concerns after an assessment of the tree found it posed a “high” risk rating.
When Egeler decided to dissolve the TRO later that month, the plaintiff brought the case to the Washington State Court of Appeals, which later granted a stay on the TRO.
Situated along Old Highway 99, the 400-year-old tree is believed to have been a trail marker of the historic Cowlitz Trail. The city is now actively working to preserve the oak and manage its long-term health under a treatment plan.
5 comments on this item Please log in to comment by clicking here
TheVirtualOne
If nothing else, with all the tax dollars spent, this tree can now claim to be the most expensive one in the area.
Monday, August 10 Report this
HappyOlympian
Epic! Leave her to live out her natural life.
Monday, August 10 Report this
RondaLarsonKramer
Thank you for this article, Jerome Tuaño! Nice job.
Monday, August 10 Report this
RondaLarsonKramer
I should add that the article mentions only the first risk assessment, which concluded the tree posed a high risk. But I think it's important to note that the whole reason everything worked out in this case is that this risk assessment was later found to be incorrect, and the risk, upon second look, was deemed to be "moderate" only. If anyone wants to read a more complete history of this case and its resolution, you can find that here: https://www.davis-meeker-oak.org/post/oak-case-concludes-with-court-declaration-protecting-tree-under-state-law
Tuesday, August 11 Report this
Boatyarddog
Finally, tax dollars spent on something good instead of the fluff the port usually spends it on. That Garry Oak has great and well-deserved Good.Karma.
Tuesday, August 11 Report this