Residents file suit to prevent tree cutting

Residents who are trying to protect 23 shade trees along Bernard Street from being cut down for a street rehabilitation project have filed a lawsuit in Spokane County Superior Court to block the tree removal.

Citizens for Sensible Transportation Planning is asking the court to stop the project through an injunction or temporary restraining order and to reverse decisions by the city to begin construction.

Last week, the Spokane City Council approved a $1.8 million contract with Eller Corp. of Newman Lake to rehabilitate Bernard from 14th to 29th avenues. Work is being planned during this summer because the street borders two elementary schools. A separate, smaller contract was obtained with a tree service company for the removal.

The citizens group is arguing in its lawsuit that the city failed to follow its own comprehensive land-use plan, which calls for street trees and pedestrian amenities. The group had appealed an earlier city decision to remove at least 17 of the 23 trees to the city’s Urban Forestry Tree Committee, but the appeal was rejected last week.

City officials said they would replace the removed trees by planting new trees on adjoining public property as well as on private property with permission of landowners.