A Thurston County Superior Court judge issued a permanent injunction barring the City of Tumwater from “altering or destroying” the historic Davis Meeker Garry oak tree without the approval of the Tumwater Historic Preservation Commission.
The court granted the order on Dec. 26 as part of a partial summary judgement requested by the group “Save the Davis-Meeker Garry Oak” in its litigation against Mayor Debbie Sullivan, who planned to remove the tree in 2024.
Ronda Larson Kramer, one of the group’s attorneys, said the ruling provides long-term protection for Davis Meeker regardless of future city leadership.
“This injunction ensures the oak is protected by law, not by political whim,” said Kramer in a news release about the ruling from Superior Court Judge Anne Egeler.
City officials have since shifted its strategy toward the tree’s long-term preservation, but have so far only adopted a resolution allocating money for maintenance and risk mitigation measures.
According to the group, the city argued against the permanent injunction, stating it had no plans to remove the tree.
“The court rejected that argument, recognizing that voluntary promises do not replace enforceable legal protections,” said the Save the Davis-Meeker Garry Oak group in a statement.
As the tree is listed in Tumwater's Register of Historic Places, the order states the tree can only be removed with the approval of the Historic Preservation Commission, a condition already in Section 2.62.060 of the city’s municipal code.
City staff had argued in the past that the municipal code only accounted for buildings or structures, making the tree a unique case.
Sullivan wanted to remove the tree after an assessment of the tree found it posed a “high” risk rating. An 18-inch diameter branch had fallen from the tree in May 2023 prompting the report.
Despite the preservation commission’s recommendation not to delist the tree from the historic register, Sullivan administratively decided to proceed with removal.
Due to public pushback, she decided to pause the planned removal and agreed to hire another arborist, who later found the tree only posed a "moderate" risk rating at most.
The 400-year-old tree is located near Olympia Regional Airport and is believed to have been a trail marker of the historic Cowlitz Trail.
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SecondOtter
Thank you, Judge, for seeing through former mayor Sullivan's irrational hatred of the tree. Remember, she had planned on hiring a few people to take it down in the middle of the night AFTER the backlash forestalled her original plans. Then she had the gall to ask the citizens of Tumwater to PAY for the lawyers she hired to fight us.
It appeared...and still appears that behind the entire fiasco was the Port of Olympia's intent on extending the runways and turning Oly Regional Airport into a feeder for SEA TAC. The tree was in their way. The Port is continuing in their efforts to do just that, despite our many loud protests saying NO EXPANSION of the airport.
Thank you, Judge, for protecting the Meeker Oak.
Friday, January 2 Report this
LindaFretts
Thank you to Ronda Larson Kramer for your tireless efforts to save this tree that is important to historical framework of our region.
Saturday, January 3 Report this
LindaD
We don’t need a feeder airport increasing traffic and noise.
Monday, January 5 Report this
Boatyarddog
COMMUNITY Input MATTERS, Stand for what you believe in. Judges notices when Community Comes together.
Monday, January 5 Report this