A group fighting to save the historic Davis-Meeker Garry Oak tree from being cut down achieved a victory in their quest. Thurston County superior Court issued a Temporary Restraining Order (TRO) against Mayor Debbie Sullivan this morning, Friday, May 24, in a document time stamped 9:52 a.m. by Thurston County Clerk of Court Linda Myrhe Enlow.
The TRO identified “Save the Davis-Meeker Garry Oak” as the plaintiff, and “Mayor Debbie Sullivan, in her capacity of Mayor of Tumwater” as the defendant. The document stated that “The Court considered the Complaint for Declaratory and Injunctive Relief, Including Temporary Restraining Order.”
According to the document, the court granted the motion for the TRO. It ruled, “Defendant shall cease and desist from all efforts to remove the Davis Meeker Garry Oak until further court order.” It added that “the court reserves for a future hearing the issue of attorney fees and costs.” No hearing has been set, the document indicated.
This ruling did not mark the end of the issue for today. Attorney for the Plaintiff, Ronda Larson Kramer, reported that the mayor retained two attorneys from outside, not the city attorney, and that they filed a Motion to Vacate TRO. She added that they filed the motion at 3:40 on Friday afternoon (heading into the Memorial Day Weekend) and requested a 4 p.m. hearing for the same day.
The plaintiff’s attorney added that the judge’s staff instructed the defendant’s attorneys to call back during the normal 8:30 a.m. time frame to make such requests. “At least that is a win once again for the oak,” she remarked.
The tree, on Old Highway 99 near the airport, has been the subject of discussion in both the Tumwater Historic Preservation Commission and in City Council since a March 11 council meeting.
The Historic Preservation Commission voted unanimously in April to keep the 400-year-old tree on the city’s historical register, and consequently not have it torn down. Committee members reported at the time of their vote that public feedback on the matter came in overwhelmingly in favor of preserving the tree.
The city council had not yet voted on the matter of deregistering the historic tree from the register and cutting it down. Yet in a council work session on May 14, the mayor announced that she had decided to have the tree cut down. City Administrator Lisa Parks stated that it was an administrative decision and did not need the council’s approval. Council members expressed disapproval of the unilateral decision and the failure to allow council to weigh in on the matter.
Several arborists have provided professional input. City administration worked with city consultant arborist Kevin McFarland of Sound Urban Forestry, and he recommended its removal.
Other experts disagreed and pointed out flaws in McFarland’s analysis. Arborist Beowulf Brower of the State Parks and Recreation Commission (although not speaking in his capacity with that board) wrote a report enumerating McFarland’s errors.
Arborist Scott Baker has been involved with preserving the venerable tree since the 1980s. He wrote a letter to the editor of the JOLT (and open letter to Sullivan and Parks) in which he gave his expert insights. He submitted written comments to the city in April. He noted that numerous other arborists, both local and those around the country, have voiced their advice to preserve the tree.
In terms of his professional expertise and his professional evaluation of the tree, he wrote, “I teach the International Qualification for Tree Risk Assessment and am a respected educator in the field of arboriculture. In my professional opinion, the report should not be used as the basis for a bureaucratic decision to remove the tree.”
The city council returned to the fate of the tree in its May 21 meeting, even though at first the mayor and administrator refused the council’s request to place the item on the agenda. Councilor Kelly Von Holtz revealed that the councilors received an email from Brower, who -- as reported in the JOLT -- “through a public disclosure request, learned that city staff already applied for a tree removal permit in February even before the council was informed about the issue.”
At that meeting, Parks took responsibility for “confusion” surrounding the administration’s measures to take the fate of the tree into their own hands.
Councilor Leatta Dahlhoff wondered why the administration would seek the council’s opinions if they had already determined to decide on their own.
To this question, Parks replied that the process was “very confusing.”
The JOLT has contacted Mayor Sullivan and Administrator Parks requesting comments on the TRO and the motion to void it.
The JOLT has been informed that there will be a rally and celebration at the historic tree on Sat., May 25 at 4 p.m.
Editors note: This story was edited 5/25//2024 to fix the spelling of a name.
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Boatyarddog
Of Course this is awesome news!
The public can get things done if we have a Common Interest.
Friday, May 24 Report this
DeeperThoughts
I am so grateful to see citizens standing up and taking action to save the tree. It is baffling to me to see Mayor Sullivan spending all of her political capitol in collusion with the Tumwater City Manager Lisa Parks to have this 400-year old tree, the only one on the city's historic register taken down despite massive public interest, conflicting arborist reports, and done in complete secrecy. This decision not only smells of corruption, but flies in the face of a transparent government. Knowing the significance of this decision, why not involve the elected city council? Why not hold public hearings with multiple arborists? Why not look at other options to save the tree? Where are the tribes in all this? By completely disregarding the city council, historic preservation board, and majority of citizens wanting to look at options to save the tree, Mayor Sullivan has isolated herself and is acting like an authoritarian dictator. The damage done to public trust in the city of Tumwater and the Mayor's office is real and will be lasting. Parks is as corrupt as they come, claiming "confusion" when she is in fact intimately involved in this poor decision making and instead of taking personal responsibility, claims confusion. How insulting to the citizens who are paying her six figure salary! Frankly both her and Mayor Sullivan need to resign and depart the Ivory Tower they live in. Let people with honor and integrity take over and restore public confidence and trust in Tumwater. Having lived in Tumwater for the past 20 years, this is the worst leadership I have ever seen in the city. Mayor Sullivan and Lisa Parks' "leadership" show they are a disgrace to the city. This tree deserves to be saved.
Saturday, May 25 Report this
GinnyAnn
I hope this injunction gives Mayor Sullivan and Administrator Parks time to reconsider their arbitrary and ill-planned decree to remove the public's cherished 40-year old oak tree. The tree is on the historic register. It was placed there in order to save it from destruction by developers. Mayor Sullivan and Administrator Parks have used bogus arguments to defend their decision, hoping to bully their way through. They've met with resistance by the city counsel and the entire Thurston County public. I hope they realize that their re-election depends on their actions on the fate of our tree. This issue is one of heart, not of money.
The tree is hurting no one, and has no potential to hurt anyone. Human beings are the only threat to that tree. Development can be carried out at a distance from the tree without any trouble. So what if we have to drive around it? So what if we have to build structures at a distance from it? It was here long before we arrived and it deserves our respect. The citizens have repeatedly rejected an enlarged airport here. Mayor Sullivan and Administrator Parks should listen to their constituents, not to the big businesses whispering in their ears.
Saturday, May 25 Report this
GinnyAnn
My comment should have read: "400-year old tree."
Saturday, May 25 Report this
FirstOtter
OBviously, Sullivan's hiring of an outside attorney to 'fight' the restraining order is a blatant demonstration of doubling down on her 'decision'. She's controlling and stubborn person and people like that have no intentions whatsoever of looking at the other side of the situation. Hundreds of people disagree with her? Bring out the artillery, in her mindset. I still bet my lunch that she'll contract with a couple sneaks with chain saws who'll cut it down in the middle of the night. She might even have them drop it on the hanger...bingo, she's taken out two impediments to her drive to expand the airport AND get her way. Of course s he'll deny any knowledge or involvement. But let's keep an eye on her budget, see if there's a nonsense entry for cutting the tree down.
Saturday, May 25 Report this
PamelaJHanson
First Otter, Authors and Readers,
Aside from you being a brilliant writer explaining the double-down effort of the Mayor, there is another "artillery" problem that jeopardizes this and future tree saving efforts. The expansion and use of the Kimmie St. "Army Readiness Center" may be causing more commercial development behind the scenes. There is no doubt in my mind that the old OYO Hotel may become a stop for "military efforts" that do not value our quiet small town historic tree saving attitude. That facility may be generating growth that could propel it into a customer base like the King Oscar Motel (in Tacoma) that I patrolled as a security officer years ago. Or, our local hotel may once again be used as a stop for a/the Chip & Dale dancers of a local casino. I believe we are in for significant crime and traffic problems if development efforts continue with Mayor Debbie Sullivan and City Administrator Lisa Parks - and their hired lawyers. Those hired lawyers are no doubt looking up the road to pair up with future clients, meaning the almighty commercial developers and their supportive financial institutions, or with unvetted by the people military contractors and their backers - that don't respect trees and our environment. I was in Alaska when the people against the HAARP Research Facility, along with the Begichs', were succeeding at demilitarizing that USAF & USN military research facility (an unboxed and unregulated military effort). We don't know the final intent or the current effort of what has been or what will be unboxed at that Kimmie St. facility, or what destructive and uncontrollable military ego's are behind it. Hopefully they are drug and psychologically tested since they are right next to a middle school. (BTW: That effort was only supposed to be a National Guard supportive building, with unknown content.) Personally, I would rather have trees there. I do not appreciate military efforts and their associated entities that inevitibly bring obtrusive surveillance into what once was our quiet community - while attracting major nationalist spies searching for quiet little cities with top secret military technology and equipment. (Though I would support a small drone or Boeing part factory in Tumwater that any honest, young 18 year young high school graduate with a SPSCC machinist course under their belt could work in to make an average of $35 hr. - increasing in wage until retirement age without being hassled by drugs, alcohol or illegal activity. We all have dreams.) I look forward to today's rally and celebration for the Davis Meeker Garry Oak Tree and this Memorial Day honoring Veterans from every branch, including my Dad and my USN family. We are the people that show up, that care enough about peace and tranquility, and that believe in saving the trees and our community's future.
Saturday, May 25 Report this
longtimeresident
Have any of the TV stations been notified of this rally?
Saturday, May 25 Report this
FirstOtter
Well, I'm not sure how the National Guard facility on Kimmie factors into the mayor's vendetta against a harmless old tree, but whatever. I fear that she'll have a hand in killing it. If not by cutting it down, by having 'someone' pour a bottle of herbicide on it's roots, who knows. (the latter action was taken against a 'Treaty Oak' in Texas years ago.
Ultimately, the mayor and her cohorts, the Port, all of them smell money in the air and intend to put it in their pockets, and the public be dammed. They're of the mind of "Shut up, you people who pay my salary. How dare you question my actions." Similar to the scene in 'Wizard of Oz'..a big blowhard, a charlatan, an enormous face on a curtain that roars, "pay no attention to the man behind the curtain."
Pay CLOSE attention to the mayor behind her curtains of lies. The only way we can keep politicians in line is to question them at every step.
Saturday, May 25 Report this
jwiley
I wish for continuing daily coverage on the Meeker tree, it is appreciated, especially since legally things are precarious and the intentions of the Mayor and her spokesperson Ms. West are questionable.
Tuesday, May 28 Report this
longtimeresident
The story has been picked up by TV stations in South Carolina, Arkansas, Texas and Alaska, as well as by PEOPLE magazine. Stay tuned.
Thursday, May 30 Report this