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# Lawsuits back in bloom
- URL: https://www.smdp.com/lawsuits-back-in-bloom/
- Published: 2008-03-08T16:00:00.000Z
- Updated: 2026-10-24T18:50:21.000Z
- Author: Melody Hanatani
- Tags: Environment, Downtown, #archive-import

*Activists successfully force city to hold off on tree removal*

DOWNTOWN, L.A. — The Santa Monica Treesavers’ quest to curb City Hall’s plans to uproot 54 ficus trees was resuscitated on Friday when the state Court of Appeal extended a temporary restraining order halting their removal.

The decision came just one day after the Treesavers filed an appeal challenging an earlier decision by Los Angeles Superior Court Judge Ann Jones who ruled the group’s lawsuit claiming City Hall had violated state environmental laws actually came more than a year too late.

The October 2007 lawsuit alleged City Hall failed to follow the California Environmental Quality Act (CEQA) when it did-n’t file an environmental impact report about a streetscape improvement project that in addition to removing and transplanting more than 50 trees along Second and Fourth streets, would repair broken sidewalks, improve pedestrian safety and enhance lighting.

In the Feb. 28 ruling, the judge found that the 180 day clock during which time a lawsuit could be filed began ticking in October 2005 when city officials determined the project was CEQA exempt. The Treesavers contend that City Hall had misled the public in stating that the street trees were also exempt, classifying them as facilities in the 2005 report, rather than as trees.

Those were the grounds on which the appeal was filed, according to Treesavers attorney Tom Nitti.

“The \[2005\] staff report said the street trees are exempt and they are not exempt,” Nitti said on Friday.“It’s a misrepresentation and that to me vitiates the process.”

The decision by the Court of Appeal extends a temporary restraining order that was issued against City Hall on Oct. 5, 2007 until March 21 of this year. The initial restraining order halted the tree removal portion of the project from commencing as scheduled just three days later. The rest of the project has proceeded and city officials have stated repeatedly in the past that further delays to the beautification project could jeopardize state and federal funding.

“We are following this court order and we expect to prevail,” City Manager Lamont Ewell said on Friday. “The facts have not changed and delay is costing the taxpayers.”

The streetscape project calls for the destruction of 23 ficus trees that have been identified as structurally unstable and the transplantation of up to 31 trees to elsewhere in the city, including parks and parts of Second and Fourth streets. Each tree identified for removal will be replaced with two ginkgo biloba trees. About 100 ficus trees in the project area, defined as between Colorado Avenue and Wilshire Boulevard, will remain.

“This means that over 200 trees will be in the eight block project area,” Ewell said. “Two independent arborists and our community forester have agreed this meets with best practices of urban forestry.”

![](https://storage.ghost.io/c/55/9f/559f9abc-8372-4a2e-8c2d-27386da4e363/content/images/2026/10/030808-02_02.jpg)

SAFE FOR NOW: City officials must hold off on plans to remove 54 trees from Second and Fourth streets in downtown. (Photo: Photo courtesy)

*Originally published in the Santa Monica Daily Press print edition on March 8, 2008.* [Read the original PDF.](https://s3.us-east-1.amazonaws.com/smdp%5Fbackissues/030808.pdf?ref=smdp.com)