Ruling gives city OK to cut Bernard trees

A Spokane County Superior Court judge rejected a request Thursday from a South Side citizens group seeking a prohibition on the logging of trees along Bernard Street as part of reconstruction and repaving there.

The ruling by Judge Harold Clarke III clears the way for the city to remove 17 trees as part of a $1.8 million project to rebuild and resurface Bernard from 14th to 29th avenues.

Opponents of tree removal said they plan to continue pressing their lawsuit against the city.

The suit contends the city failed to follow its own comprehensive land-use plan in deciding to remove trees and not to redesign the street with an adequate pedestrian buffer that would contain healthy street trees.

Clarke said he saw no clear connection between the comprehensive land-use plan and a street reconstruction, and allowing the city to move ahead with the project would cause no irreparable harm since the city could replace trees.

He said it was unlikely the lawsuit would prevail, a key issue for ordering a stay to shut down the project in advance of a full trial.

The lawsuit was brought by Citizens for Sensible Transportation Planning.

Richard Rush, a member of the citizens group, said the organization intends to pursue its legal challenge since the logging of trees on Bernard will set a precedent for more tree removals on other streets scheduled for rehabilitation under the city’s 2004 street bond issue.

He said that once all of the facts in the case are reviewed, he believes the citizens group will win in court.

“Once we build a record, we think there will be a different outcome,” Rush said.

However, he acknowledged the Bernard trees will come down in the next several days.

The city issued a $1.8 million contract with Eller Corp. of Newman Lake for reconstruction of Bernard and a separate smaller contract with a tree removal company for the logging.

The request for a stay delayed the project, which was to have started on Monday.

Six of 23 shade trees along the route will be saved through hand-digging to protect their anchor roots, which extend beneath existing pavement.

The city said the other 17 trees were damaged or badly pruned and were not worth saving.

Instead, the city plans to ease the impact of the anticipated logging by planting 24 replacement trees on neighboring properties and to repair sidewalk and curb damage caused by the existing trees, which typically is the responsibility of adjacent property owners to repair.

New trees will also be planted at the fire station and Manito Park land along Bernard.