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Date: 9/1/2021
NORTHAMPTON – On Aug. 25 Warfield Place residents Lois Ahrens and Oliver Kellhammer filed an expanded lawsuit against the Northampton Department of Public Works after the city tore down 10 shade trees on the street on July 29 as part of the city’s current paving contract with Warner Bros.
In the lawsuit, the residents claim they were told by the city they would receive notice when the project was going to begin.
“In a written notice of roadway construction, the city, through its director of the Department of Public Works, notified the plaintiffs and other residents of Warfield Place that ‘temporary parking restrictions may be imposed as needed during construction. Temporary no parking zone signs will be installed within the public right of way when this is the case,’” it said.
The lawsuit claims, however, that contractors arrived on the morning of July 29 and began removing the trees without posting the signs.
“Without any prior warning and without posting any ‘no parking’ signs, several Northampton police officers, firefighters, Department of Public Works employees, and several contracted tree cutters and tow truck operators arrived en masse on Warfield Place to carry out the rapid and coordinated destruction of the Warfield Place public shade trees,” it said.
Along with arriving unannounced, the lawsuit also claims “two legally parked vehicles” were removed by tow truck.
In the lawsuit, the residents claim the city ignored a filing for a temporary restraining order at 11:20 a.m. on July 29 and then later ignored the order once it was approved by Hampden County Superior Court Judge Mark Mason at 12:05 p.m. because a Hampshire County judge was not available.
“When counsel for the plaintiffs was notified that the motion for a temporary restraining order had been allowed, she immediately notified the city’s personnel on the scene. The city solicitor was also notified by the court that the plaintiff’s motion for a temporary restraining order had been allowed. The city refused to stop cutting the remaining public shade tree, even though it was informed a temporary restraining order was in place,” it said.
In addition to ignoring the temporary restraining order, the lawsuit also claims the city violated Massachusetts General Law Chapter 87, Section 3, which requires a public hearing before shade trees can be cut down.
“The city refused to convene a shade tree hearing to address the plaintiff’s concerns. The plaintiffs were entitled to a public shade tree hearing under the statute, and specifically to the opportunity to present all relevant information about the shade trees to the Tree Warden,” it said.
In Exhibit 2 of the lawsuit, DPW Director Donna LaScaleia said in an email the city would not conduct a third public meeting over the trees.
“Though I understand that you would like to have another meeting about the trees, we have had two public meetings about this project already. Further meetings would not be constructive,” she said in the email.
Regarding damages, the residents are seeking a permanent restraining order to prevent the cutting of public shade trees in the future without hearings.
“The plaintiffs request that the court issue a permanent restraining order ordering the city not to cut and remove public shade trees in Northampton streets and ways prior to convening a tree shade hearing; to replace all the trees on Warfield Place that were removed with mature cherry trees at least 25 feet in height; and award plaintiffs such other and further relief as this court deems proper,” it said.
In a joint statement, Ahrens and Kellhammer said they were shocked the trees were torn down and are concerned about what type of precedent this case could set for other shade trees in the city.
“It was shocking to see the city racing to destroy the trees before a court could decide whether they were allowed to. The result is the irreversible loss of the street’s shade canopy, the creation of a heat island for decades to come and most frighteningly the creation of a precedent that anyone who seeks a fair process for their streets will be aggressively silenced and dismissed,” they said.
While there is nothing that can be done about the trees on Warfield Place, Kellhammer and Ahrens said they hope they can help protect other trees in the future through their legal action.
“What the city did on our street cannot be undone, but we believe the legal action we are taking could help protect other people and trees in the future,” they said.
Reminder Publishing reached out to city officials for comment but did recceive a response as of press time.