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5.14.2008

The Court Rules: you're too late to catch the city

COURT RULES AGAINST TREESAVERS

Press release:

Santa Monica, CA — Despite today’s Court ruling, environmental and community activists with Treesavers are pledging to increase their political and diplomatic efforts to save the threatened Ficus trees along Second and Fourth Streets in the Santa Monica Downtown District. The activists are insisting that the Santa Monica City Council and City Manager join with Treesavers and the community in seeking a business and environmentally-friendly win-win solution.

A California Appeals Court ruled today in favor of the City of Santa Monica saying the plaintiffs – Treesavers and Jerry Rubin – did not meet the statute of limitations in filing their claim that the City violated CEQA (California Environmental Quality Act) regulations. Out of the 154 mature Ficus trees along Second and Fourth Streets between Colorado Avenue and Wilshire Boulevard, the City plans to destroy 23 Ficus trees they claim are unsafe, and plans to relocate 7 other healthy Ficus trees – down from the previous 31 Ficus trees originally planned for relocation.

Treesavers say no healthy trees should be relocated for design and aesthetic purposes, and that an independent certified arborist, mutually agreeable to the City and Treesavers, should evaluate the other 23 trees as to the degree of their structural damage.

Organizers with Treesavers say that regardless of the Court’s decision, Santa Monica has an obligation to respect the will of the community, which has been shown through over 8,000 petition signatures, community-group and business endorsements, and overwhelming resident and visitor support, that the tree aspect of the City’s broader 8.2 million-dollar street improvement plan should not move forward as planned.

For further information call Treesavers at (310) 399-1000.
Just to clarify one very important point: the court did not rule that the city committed no wrongdoing (by declaring trees to be "facilities" in the Environmental Impact Report, thus avoiding important environmental requirements). It only ruled that it was too late to catch the city.