Updated at 3:44 p.m.
Opponents of a redesign to Burlington’s City Hall Park were dealt a blow the day after the city closed the park for construction.
A Vermont Superior Court judge ruled Thursday morning that the project — including tree removal — can proceed despite a lingering legal question over whether the city’s zoning permit for the project is expired.
Members of Keep the Park Green, a coalition opposed to the redesign’s tree plan, argued that the permit itself says it becomes invalid unless “work or action authorized by the permit” started by March 22, 2019. Fencing only went up on Wednesday.
The group asked for a hearing on the matter before tree removal and other demolition could proceed, but Judge Helen Toor ruled against them in a one-page order Thursday morning.
“The court has already ruled that the replacement of older trees with younger ones, and the plaintiffs’ sadness at seeing the changes in the park, do not meet the definition of irreparable harm,” Toor wrote.
City plans call for removing several of the 51 current trees and replacing them with newer, healthier ones. The work will lead to a net loss of three trees.
The ruling was shocking to Keep the Park Green chief organizer Donna Walters, who stood outside the courthouse with a cadre of sign-toting protesters.
“No irreparable harm with cutting down trees that are 45 years old? They’re irreplaceable,” she said. “A five-inch sapling or three-inch sapling does not replace a tree that’s 36 inches in diameter.”
In a press conference Thursday afternoon, Mayor Miro Weinberger noted that the city modified the project design to appease Keep the Park Green, apparently to no avail.
“They’ve made attempt after attempt to obstruct it going forward, and today is another example of them failing to do that,” he said.
Weinberger dismissed claims that the city is operating without a permit. The judge will officially rule on that question after the city files an answer by the court-imposed July 16 deadline. Assistant city attorney Richard Haesler said the city is crafting its response.
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Hi there – this thread is loaded with people who hate me. Can’t talk, but nice to hear from you! Just write my email. OK?
@Charlie Messing, dude I just watched a few of your youtube videos. I have several questions if you have the time. Why did you start the channel? Why did you stop posting videos? Did Mike the harmonica player mentioned in the end of episode 130 ever play music with you? Do you still live in the house with the brown patterned ceiling?
Hey there KYA!
I knew I’d hook you with that. Gotcha.
Basically everything I say offends you. Don’t you wish you could delete my comments? Oh well.
I stand by everything I’ve said. Stay cool!
“Researching the actual issues, you will find many reasonable arguments. They cannot be dismissed so easily, as you shall see.”
Reasonable arguments? That cannot be dismissed easily? Really?
Are you a lawyer? Because it took the judge only a few hours and less than a page of text to throw you undemocratic old whiners out of court because your request for an injunction was legally baseless. And this was the second time your gang’s attempt to halt the park renovation plan in court has been rejected. Your gang doesn’t give a damn about majority democracy, public order, or whether your court challenges have a sound legal basis.
“put the kibosh on meaningless, frivolous claims”
This is an example of colloquial nonsense. Researching the actual issues, you will find many reasonable arguments. They cannot be dismissed so easily, as you shall see.
Thank you for honoring our freedom to hold opinions, and make choices in what we support.
“Oh, the humanity,” was spoken by a radio announcer witnessing the disaster of the Hindenberg derigible. I guess the writer meant that this issue was altogether not worth news coverage? He is free to feel that way.
I hope these folks do not mind if I point these things out.
Of course it takes all kinds. People are good at different things. Perspectives change.
I will enjoy the redesign of the park! It will be lovely when they are finished with the project. There will always be people who gnash their teeth and wring their hands and get hysterical over every little change but luckily, the courts often, if not always, are able to show common sense and are able to put the kibosh on meaningless, frivolous claims and allow things to move forward and progress to take place. It would be great if people could focus on things that really matter (hunger, homelessness, etc.) but it takes all kinds I guess.
It’s so peaceful here now! Thank you, Seven Days moderator. There will always be two schools of thought on these things. After all – look at national elections! Both sides are sure they are right, right? So it is with us. I hope all the folks who have become attached to disliking the comments in defense of the trees are happier now. We shall see how it all unfolds in the analogue world…
As they say you can try to fight city hall but good luck winning! They will always find a way around things….
As they say, you can try to fight city hall but good luck winning…. The city will always find a way around things!