The City of Pensacola has reached an agreement with property owners at 605 N. Spring St. to preserve a heritage live oak tree that the city has sought to protect since 2019.
The declaratory judgment action filed by the City of Pensacola (2019 CA 1175) concerning the live oak tree at 605 N. Spring St. was resolved through an agreement with the property owners. The Vickerys, who own the subject property in the North Hill Preservation District, have agreed to preserve the live oak found on the northwest corner of their lot in consideration of the City of Pensacola’s agreement to reimburse them for their attorneys’ fees.
The city prevailed initially when an injunction was entered by the trial judge to preserve the tree pending the outcome of the arguments concerning the application of Section 163.045, Florida Statutes (2019). The Vickerys prevailed on appeal before the First District Court of Appeal of the State of Florida, and the matter was remanded to the trial court for further proceedings. An inspection of the tree by the city’s ISA Board Certified Master Arborist occurred in September 2022 in the presence of the Vickerys. The parties maintain that their respective positions are meritorious, but, in recognition of the cost of continued litigation, the parties have come to an agreement to terminate all proceedings.
The City of Pensacola strives to have practices that respect individual property rights and are not burdensome on property owners, but the city also places value in protecting healthy trees from being destroyed. The City of Pensacola is pleased to have reached a resolution in this case that protects the heritage live oak tree.