Resolution of the battle to save the Ingraham Tree Grove is moving forward. On Friday, King County Superior Court Judge Theresa Doyle turned down the Seattle School District’s petition to remove the Court Injunction put in place by Judge Erlick two years ago to prevent the Seattle School District from cutting 70 trees in the grove to end further environmental review.
Judge Doyle also denied the Seattle School District’s request for a $187,000 bond. It should be noted that Save the Trees-Seattle has in fact lowered the cost of whatever is built at Ingraham, not increased the cost. The bid, eg, for the compressed west addition came in at $6.5 million dollars. That’s $3.5 million less than the original estimated cost by the Seattle School District.
Save the Trees-Seattle agreed to consolidate the two cases before the court. The original case was an appeal of the School District’s Hearing Examiner process arguing that an EIS should have been performed and that a DNS was not appropriate.
The second case was an appeal of the City of Seattle inadequate mitigation of the Project. City law calls for giving a priority to protecting rare and uncommon plant and animal habitat. The City Hearing Examiner agreed the NW Tree Grove was an uncommon plant habitat in Seattle but did not require the Seattle School District to move the Project to another site on the campus.
Save the Trees- Seattle argued that moving the project to save the NW Tree Grove was one of the legal mitigation options the City had but did not exercise, despite the fact that the School District’s BEX Project manager agreed under oath that the Seattle School District could build the Project on the open North Lawn and not have to cut down any mature trees.
The Seattle School District continued to deny that the North Lawn was feasible to build on until forced to acknowledge while under oath the existence of an internal e-mail obtained through public records disclosure that the North Lawn Area was actually considered a future building site for a 2 story addition to the school. Save the Trees – Seattle argues that the School District should build there now and save the NW Grove from being cut down or diminished in size needlessly.
The consolidated case is now scheduled to be heard before King County Superior Court Judge Theresa Doyle on Nov.5, 2010 at 11 AM. Save the Trees- Seattle has been working now for almost 3 years, trying to save the NW Grove.