TAMPA, Fla. — The District Court of Appeals denied an appeal made by Miller & Sons LLC against the city of Tampa over the removal of 28 trees, some including grand oak trees. This case was denied an appeal by a circuit court of appeals in September 2022.
In the 2022 appeals case, the court found the tree removal company violated the city's code by chopping the trees without a permit on two properties. The appellant argued the trees were removed legally because both properties were residential.
"Because one of the properties, zoned residential, would be considered residential under the applicable version of the statute despite the absence of a residence, the magistrate’s decision is set aside as to that property," the court's previous opinion read.
"Because the other property is neither zoned residential nor qualifies as a legal, nonconforming residential use under the city code, however, it is not considered residential under the statute. Accordingly, the magistrate’s decision as to that property must be affirmed."
It's the largest fine for illegally cutting down protected trees in Tampa. Tree service company Miller & Sons LLC is required to pay $234,427.50.
"Residents resided there at the time that we assessed the trees on the property," said Jonathan Lee, the arborist responsible for the trees' removal. "And we never really checked the zoning. To be honest, we never went in and checked the zoning because it didn't seem like there was a need to."
The trees and property in question are located on Gandy Boulevard in Tampa. At the time the trees were removed, the property was a mobile home park. Now, it's a nearly-completed car wash business.
Jonathan Lee, owner of Miller & Sons LLC and the arborist that made the call to cut the trees in 2019, said that he inspected the tree and determined they were in poor condition.
Tampa Mayor Jane Castor filed a complaint with the International Society of Arboriculture against Lee. City officials then conducted a hearing on the matter and said ISA issued a public reprimand against Lee.
Castor said city arborists then determined that the trees were not in poor condition.
"I believe that what we did was right. And it was legal, and unfortunately the, you know, the justice system doesn't see it that way," Lee said.
Lee said he has not yet decided on his next step.
"I'm not done fighting," Lee said. "We'll see what levers we can pull on to continue to defend ourselves and fight it, it may come down to us having to...[file] a lawsuit against the city of Tampa for some of the slanderous comments and some of the things that they've done and, and spread and some of the disinformation that they've put out there, and all likeliness we'll be filing a lawsuit pretty soon against the city of Tampa to at least expose some of this and hopefully bring it to light on how they treat small businesses that they don't agree with."
Under new legislation at the time, called “private property rights,” Lee said it was legal to cut down the trees on residential property. However, the property near Gandy Boulevard was not zoned as residential and Castor said the tree cut on that land made it an illegal act.
An opinion on the denial of the most recent appeal is expected to be published by the District Court of Appeal of Florida Second District.
Malique Rankin is a general assignment reporter with 10 Tampa Bay. You can email her story ideas at mrankin@10tampabay.com and follow her Facebook, Twitter, and Instagram pages.