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Community grapples with controversial tree ordinance enforcement

August 19, 2024 | Canton Township, Wayne County, Michigan


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Community grapples with controversial tree ordinance enforcement
During a recent government meeting, significant concerns were raised regarding the enforcement of a tree ordinance that has been ruled unconstitutional on two occasions. A community member expressed frustration over the continued application of this ordinance, questioning the justice of enforcing a law that has been invalidated by the courts. The individual highlighted that funds previously allocated to a tree fund are now diverted to the general fund, complicating transparency regarding the use of these resources.

The speaker criticized the township's legal representation, suggesting that the defense presented in court was inadequate and that the township's reliance on advice from an academic expert contradicted the rulings of multiple judges. The community member argued that the township should not enforce a tree ordinance without first establishing a clear need for it, pointing out that there is no shortage of trees in the area.

In response, members of the planning commission clarified their role, stating that they do not enforce laws but rather review and recommend actions based on existing ordinances. They acknowledged that while the tree ordinance remains in effect, certain aspects related to mitigation were deemed unlawful by the courts. The commission is in the process of drafting a new ordinance that aims to comply with judicial rulings.

Another resident echoed the need for a careful and deliberate approach to revising the tree ordinance, emphasizing that the focus should be on the financial implications rather than merely the trees themselves. The sentiment among community members suggests a desire for transparency and a thorough review process as the township navigates the complexities of its tree management policies.

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