$10M to keep historic oak tree standing for now? Citizen group gains partial victory in court
As the fifth tree expert is expected to weigh in on the health of the 400-year-old Davis-Meeker Garry oak on Old Highway 99, the city of Tumwater asked the citizen group that wants to protect the tree pay a bond of more than $10 million in court to keep the tree standing.
In Thurston County Superior Court on Sept. 9, the Save the Davis Meeker Garry Oak citizen group requested a bond of $200 to stay the court’s decision to protect the tree until an assessment of the tree is completed and the mayor gets approval from the Historic Preservation Commission to cut it down, if need be.
In response, the City of Tumwater requested the bond be set at $10,058,000 during the litigation process. Spokesperson Jason Wettstein said it was to protect the city and is a reflection of the potential risks the historic tree poses.
Citizen group spokesperson Michelle Peterson said in a news release that Superior Court Judge Anne Egeler set the bond at $10,000 instead. She said the group plans to pay the refundable amount in full.
“My guess is on Friday the judge realized her original ruling dissolving the Temporary Restraining Order in May had been based on multiple misleading statements by the mayor and by the mayor’s attorney,” said Ronda Larson Kramer, one of the group’s attorneys. “We worked pretty hard over the past two weeks to call those out to the court.”
To raise money for legal expenses, the citizens group is holding a fundraiser Sept. 26 and is accepting tax deductible donations. More information can be found on the group’s website.
The City of Tumwater also filed a motion asking the judge to award the mayor over $13,000 in legal fees from the group. Judge Egeler denied that motion, without prejudice, meaning the city can refile the motion at a later time.
Wettstein said the city is conducting additional work to assess the tree in response to public interest and requests for further analysis.
“This is productive work that will aid in decision making,” he said. “We trust the past assessment as well as value the potential for additional insights from the new assessment.”
Wettstein said there were six companies that submitted their qualifications to conduct the tree assessment. Three of them were interviewed based in part on input from the chairs of the city’s Tree Board and the Historic Preservation Commission.
He said the city contracted with Todd Prager & Associates from Lake Oswego, Oregon. The city and the consultant will be planning next steps next week.
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