Important Legal Decision Affecting Tree Ordinances 

Important Legal Decision Affecting Tree Ordinances 

In a significant ruling handed down by the First District Court of Appeal
today (9/29/05), the City of Jacksonville successfully defended its tree
protection ordinance against a number of property developers and property
owners, as well as the Northeast Florida Builders Association, who had filed
suit claiming that the city's tree ordinance and mitigation requirements
constituted an unlawful tax and/or an unlawful taking of property without
compensation.

The appellate court was reviewing a decision by a circuit court judge (Judge
Richard Watson) who had ruled at the trial court level that the city's tree
protection ordinance and requirements were valid land use regulations
enacted to address environmental concerns. Thus the mitigation requirements
of the city's tree ordinance were upheld.

The First District issued its per curiam decision without a written opinion,
in affirming the trial judge, and the significance of such a per curiam
decision is this; the decision is "likely to be the final word" in the case,
according to the Deputy General Counsel for the City of Jacksonville, Mr.
Tracey I. Arpen.

This is a very significant development for those seeking to strengthen the
reach and protections of local ordinances that save and promote greater tree
canopy. I do not presently know the extent of the mitigation requirements
under the Jacksonville ordinance, but I have called Mr. Arpen and requested
further information.

Lee Marks
Coconut Grove


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