By a 2-1 vote, the First District Court of Appeal has denied the city of Pensacola’s motions for a rehearing, clarification, and certification of questions of great public importance related to its case to prevent Larry and Ellen Vickery from removing a heritage oak on their property.
In 2019, the city had filed a declaratory judgment action in an effort to save the tree. Judge Jeffrey Burns determined that the city proved each required element to keep the injunction in place, including presenting evidence that it will suffer irreparable harm and establishing that the injunction will serve the public interest.
This past February, the appellate court ruled the injunction was improper.
The most recent ruling, dated June 22, concluded, “It is long past time to return this case to the trial court to conclude this litigation.”
Read June 22 ruling