JOHNS CREEK, Ga. — After a long legal fight, a landmark tree at a busy shopping center in the metro Atlanta area will be coming down.
The City of Johns Creek said a judge ruled that the 100-year-old tree at Medlock Corners must be removed, siding with the property owner.
City officials released a statement, and a copy of the judge’s order, on Friday.
“Despite the City’s best efforts to prevent the removal, a court ruled the City of Johns Creek must allow the property owners of Medlock Corners shopping center,” the city said in a statement.
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According to the judge’s order, the 50-inch wide Water Oak on State Bridge Road was not protected from removal by city ordinances and regulations.
The Fulton County judge’s ruling said the tree preservation ordinance in the city applies to the preservation of trees as part of land development, building construction or timber harvest processes.
As written, the judge said the ordinance does not contain the intent to regulate individual properties for tree removal, when the removal activities do not require a land disturbance, building construction or timber harvest permit.
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In this case, that is what occurred, so the city’s effort to block the 100-year-old oak’s removal failed.
The effort to remove the tree from the property by the owners was, according to the court record, related to safety concerns and no other application for a tree removal permit was filed.
The court also said no other pending land disturbance, building or harvesting permits had been submitted to the city for the property in question, meaning the current tree ordinances did not apply.
Quoting a city-hired arborist, the judge said the tree in question does meet the size and condition criteria of the tree preservation ordinance, but the tree’s life expectancy did not meet the requirements.
“As this tree is already in a state of decline, and will likely start shedding large limbs over the course of the next several years, it will not remain in its current fair condition,” the arborist is quoted as saying in an assessment. “[it] is likely to degrade to poor condition over the next 10 years. This mature Water Oak tree is nearing the end of its life in a typical urban environment.”
The decline noted by arborist David Dechant was what the court chose to rule by, saying minimum guidelines must remain as guidelines rather than mandatory requirements.
Channel 2 Action News went to speak with members of the community in Johns Creek about the tree.
On-location, a worker from a nearby store said he wanted to see the tree saved, despite the ruling.
“I think the property owner is making a big mistake,” Chris Sullivan said. “What makes metro Atlanta great is our trees. I think the city should appeal it.”
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