Plaintiffs Offer Deal on Tree-Cutting Suit

A family suing its homeowners association for felling scores of trees in the Dana Woods section of Dana Point offered Saturday to drop the names of individual board members from a lawsuit if they agreed to move the dispute from the courts to mediation.

“The suit seeks one thing only: to stop the cutting of trees until these issues can be resolved in a reasonable forum,” said Tom Davis, attorney for plaintiffs Paul and Susan Davis.

The offer came during a three-hour emergency board meeting held under the trees of Dana Woods Park, at the center of this small community of 250 homes and some 2,000 trees.

The Davises had won a temporary injunction against the association April 30 to stop crews from cutting down any more eucalyptus trees.

About 100 trees had been felled the week before, with 750 more to go, because their falling limbs were creating hazards and threatening the association’s insurance coverage, board members said.

The week before the injunction, a group of homeowners had barricaded themselves between the trees and the cutting crews to stop the clearing.

About 100 residents came to the meeting hoping to resolve the issue, which is to be heard in Superior Court on May 21.

But attempts at civility often failed during the debate.

When some residents berated the directors for not immediately accepting Davis’ mediation offer, association attorney Brad Walker snapped.

“Why don’t you put a gun to their heads?” he asked. “Why don’t you just say, ‘Respond or else?’ ”

He said the board will respond Monday.

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In 1996, Walker said, noted arborist Michael T. Mahoney developed a tree management plan for the community. But it was never fully implemented because of cost. Then the ferocious storms this winter caused extensive damage and made the trees hazardous, he said. Last month, after a study by the association’s landscape committee, the decision was made to remove the trees.

Supporters of the trees said implementing Mahoney’s plan was more reasonable than cutting down 900 eucalyptus trees and replacing them with sturdier varieties.

“We believe that the forest here is a major asset to ourselves and to everyone in Dana Point,” Norman Heidner said.

But not everyone favors saving the trees. Walker said he has received scores of faxes and letters, and he believes the community is “split right down the middle.”

Resident Vera Ammann agreed that the dangers from falling limbs overrode aesthetic concerns.

“I like trees,” she said. “I just don’t like them coming onto my yard or car or patio roof. Last winter, we had seven branches fall down and all from only one type of tree: the eucalyptus.”