A Point Loma couple have filed for an injunction against the City and the airport to force them to refrain from “cutting down, mutilating, extracting historic and iconic palm trees that line Newport Avenue, Santa Barbara and Newport Avenue to Venice Street,” as a press release from their attorney stated.
John and Tracy Van De Walker, whose property was targeted for palm tree removal, filed in local Federal Court for injunctive relief and damages by their attorney, Marc Steven Applbaum. Tracy Van De Walker helped lead protests of the palm tree chopping last week. Before the petition was filed, Applbaum had sent a cease and desist letter to San Diego Forester, Brian K. Widener, San Diego Mayor, Todd Gloria, Ralph Redman the Manager of Airport Planning and the FAA,
Applbaum alleged several causes:
- Federal and State Civil Right Violations,
- Inverse Condemnation in connection with the regulatory taking of the palm trees in violation of the California Environmental Act
- a Writ of Mandate requiring that the California Coastal Commission comply with the California Environmental Quality Act in protecting palm trees that are indigenous to the beach communities and its significant value to the property owners.
Here is the press statement from Applbaum’s office:
On October 21, 2021 my law office sent a cease and desist to the San Diego Forester, Brian K. Widener aka The Tree Assassin, San Diego Mayor, Todd Gloria, Ralph Redman the Manager of Airport Planning and the FAA to refrain from cutting down, mutilating, extracting historic and iconic palm trees that line Newport Avenue, Santa Barbara and Newport Avenue to Venice Street.
After appearing on numerous interviews on KUSI and personally calling all of the interested parties, not one government official has had the time or inclination to address the concerns of my clients, John and Tracy Van De Walker and other property owners and taxpayers that are significantly impacted by the removal of the palm trees.
On the basis of the apparent, administrative silent treatment, I am filing a Petition and Complaint, forthwith in the Southern District of California for Injunctive Relief and Damages alleging Federal and State Civil Right Violations, Inverse Condemnation in connection with the regulatory taking of the palm trees in violation of the California Environmental Act as well as a Writ of Mandate
requiring that the California Coastal Commission comply with the California Environmental Quality Act in protecting palm trees that are indigenous to the beach communities and its significant value to the property owners.
The only explanation that I received from a third party was that the palm trees, “negatively impact airline safety” based on the interference of transponder signals.
Based on my conversations with seasoned airline pilots, this reason is at best, weak and inconclusive.
Please call 760 484-1203 if you would like a copy of my lawsuit.
Marc Steven Applbaum, Esq.
MIDWAY LAW FIRM APC
{ 3 comments… read them below or add one }
Civil rights violations? Inverse condemnation of a property the plaintifs do not own? Tree assassin?
I understand being passionate about trees and the City, the Airport and the FAA were certainly clumsy, at best, in how they handled this, but seriously! If you want to be taken seriously in court you have to make serious legal arguments.
Paul, you must have read legal complaints at some time in your past. I have always found them entertaining and I’ve read much more inflammatory language many times . Attorneys are advocates and they do not hesitate to use this kind of language. The main legal argument he is pursuing is a loss property value because the trees on that street add to the value of all those homes. They need to show some kind of damages and this was the best way to do it. Whether the court would agree or not is always a crap shoot but it helped get the TRO.
Geoff, yes I have read many legal arguments in my time (and contributed to the drafting of a few), and I have read many that used very colorful and flamboyant language and some that were downright ludicrous – I recall one that referred to various individuals as “major kiss-asses” and thought to myself that’s going to make a great impression on a judge.
In the court actions I have been associated with, I generally observed that the more flamboyant the language, the more skepticism on the part of the judge. But that’s just me.
I understand the concept of the inverse condemnation is that the action may lead to the reduction of the homeowners’ property values. I’m not an attorney so I’m not going to get into a legal argument about whether or not this is a good argument to make, but I will say I have seen many claims of inverse condemnation against government agencies but very few inverse condemnation claims hold up.