Cleveland-area property owners fight FirstEnergy over tree removal plan

 

Akron Beacon Journal, Ohio --Sep. 1

Sep. 1--It's a matter of leaf or death.

The fate of a 50-year-old silver maple tree in the Cleveland suburb of Brooklyn now rests in the hands of a Cuyahoga County Common Pleas judge following a legal fight between property owners who want to save the tree from FirstEnergy Corp. chain saws.

The Akron utility wants to chop it down because it says the tree, which is inside a FirstEnergy easement, is growing too close to high voltage lines.

A two-day, nonjury trial concluded Tuesday with no decision from Judge Ann Mannen, who will next take a look at the tree and surrounding area before ruling, the lawyer for the property owners said. The judge could not be reached for comment late Tuesday.

"The tree is still standing," said Lester Potash, lawyer for Dennis and Mary-Martha Corrigan. The maple is the only tree on the couple's property.

FirstEnergy thinks it presented a strong case for why the tree has to be cut down, spokesman Mark Durbin said.

While Potash said the judge's ruling may set a precedent for other property owners trying to prevent FirstEnergy from cutting down trees, Durbin said the utility feels the judge's upcoming ruling applies only to one tree and one owner.

"We're going to hold comment until the ruling is made," Durbin said.

FirstEnergy began a dramatic tree-clearing project in Northeast Ohio after U.S. and Canadian investigators said the historic Aug. 14, 2003, blackout was triggered by the utility's failure to properly trim vegetation near its transmission lines. Just about any tree growing within easements along the transmission lines has been, or soon will be, cut down.

FirstEnergy increased its annual vegetation management budget by 20 percent to $108 million following the blackout. The tree-cutting effort has upset property owners, who watched long-cherished trees reduced to firewood.

The Corrigans asked U.S. Rep. Dennis Kucinich, D-Lakewood, the former Democratic presidential candidate, to help them fight the utility. They have argued that in previous years, FirstEnergy would simply trim the maple.

Kucinich helped the Corrigans get Potash for their lawyer, who in turn succeeded in getting a temporary restraining order preventing FirstEnergy from cutting down the tree until this week's trial.

And now, the tree's fate is, well, out on a limb.

 

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