The Gonzaga Law Clinic has prepared, pro bono, an appeal of the removal of Bernard Street trees on behalf of six of the seven impacted property owners. Two non-profit organizations, Citizens for Sensible Transportation Planning (CSTP) and  the Neighborhood Alliance of Spokane County and two City Neigbhorhood Councils, Cliff-Cannon and Manito/Cannon Hill, have joined the appeal. The appeal was delivered to Mike Stone, Director of Parks and Recreation on Tuesday, April 11, 2006.
 
This appeal was heard by the City 's Urban Forestry Tree Committee (UFTC), as required by city ordinance Section 12.02.920, on May 25, 2006.  Appellants have requested a stay of street tree removal pending the outcome of their appeal. Under SMC Section 12.02.920, there is no right of stay pending appeal . However the Director has granted one until the UFTC renders a finding. As the Bernard Street Reconstruction project is scheduled to commence on June 19, 2006. SMC 12.02.920 alllows further appeal to the City's Hearing Examiner and the by writ to the appropriate court.

Complicating matters, the City Council has approval of the Bernard Street project contract on it's June 5th agenda. Appellants have requested that the Council table consideration of the contract until the appeal process is exhausted. Should the Council approve the contract prematurely, the appeal will effectively be rendered moot. In this event, appellants only recourse will be to seek a temporary restraining order to prevent tree removal.

Whether or not this issue gets carried to a satisfactory conclusion will depend on the community's willingness to fund it.

The lead appellant is Citizens for Sensible Transportation Planning, a non-profit, 501-(c)-3 organization based in Spokane. Please send your contribution to carry on this effort to:

CSTP
PO Box 785
Spokane WA 99210

Every contribution helps. As of June 1, 2006, 44 people have contributed almost $3,000 to fund this effort. All of this money has been spent, primarily on attorney's fees and related legal expenses. It will take an equal or greater amount to carry the legal effort through the court. If you can contribute generously, please do. If you cannot, please contribute something to help demonstrate that this issue has a broad base of support.

This effort does not belong to any one person or group. It belongs to anyone and everyone in the community. If you are able to do a fundraiser, please organize it! Just let us know what you are doing by going to the contact page.

It should be noted that this effort is not just about saving the existing trees. Should appellants win that single battle and get no other concessions, the larger issue will go unaddressed.. Sooner or later, the existing trees will die. If a wider pedestrian buffer strip is not included in the Bernard Street project, then there will never be an opportunity to plant street trees in the Bernard corridor again. The most important thing to be accomplished is to have the city adhere to state law, the city's municipal code and its comprehensive plan (see appeal for details). When this happens, all other issues related to Bernard and other city streets will be addressed.

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