Steven H. Smith, PLLC, a former Ridgeland city attorney, takes on the case and challenges the city's interpretation of Treehouse.  Treehouses are not defined as accessory buildings in the City of Clinton ordinance.  In fact, the term "accessory building" is not defined in the city's ordinance at all.  Other cities define treehouses differently or not at all.      The hardened city officials will not grant the children's Treehouse a special exception even after considering the initial city approval of the Treehouse; the 3 year Mississippi statute of limitations; two approvals by city inspectors; grandfathering the treehouse; no current playground or Treehouse ordinances; only two anonymous complaints in a city of 25,000 residents; unanimous Treehouse approval during the public hearing;  no recommendation by the zoning board; a very subjective interpretation; passionate pleas by the children; and the overwhelming public support.
		Attorney Steven H. Smith meets with the Children

     A state licensed building inspector,  a professional architect, a professional builder, and a certified safety engineer inspect the Treehouse and deem it safe, structurally sound, and constructed above and beyond the building code.   The Treehouse has no electricity, appliances, or wiring.  The Treehouse has a foot print of only 40 square feet.  The Treehouse aesthetically matches the house. According to experts, most codes and regulations throughout the world do not define treehouses.

     The local zoning czar then goes after gazebos and garages using the same accessory building ordinance even though the Governor of Mississippi is allowed a gazebo in his side yard.  It is obvious from many letters to the editor, editorials, news, letters, petitions, prayers, donations, and public opinion that the majority of people want to Save Our Treehouse.  The parent's legal fees begin to exceed the cost of the treehouse while the city taps into the taxpayer's wallets.  Many are amazed how aggressively the city fights to remove a  children's Treehouse while obvious violations continue undeterred.  The city then makes the fate of a gazebo, carport and building permits contingent on the Treehouse case.  New and old construction is placed on hold awaiting a decision that will take years.

     The Treehouse is finished inside so the children would know how much fun it could have been before the city government attempts to tear it down in the courts.  The family is most thankful to Steven H. Smith, PLLC, the "Treehouse Lawyer"; and the courts who are working diligently to Save Our Treehouse.  Also, a big thanks to the children who petitioned the neighborhood for over 700 signatures in favor of the treehouse and managed a lemonade stand to help Save Our Treehouse.

     TREEHOUSE IS SAVED BY THE LOWER COURT

     Three months later, the Honorable Judge Tomie Green of the Hinds Circuit Court rules in favor of the Treehouse!  The city's actions are declared to be arbitrary and capricious.  The Judge rules that Treehouses are not defined in the ordinance at all.  The city's ruling to remove the treehouse is reversed.  The trial makes history as the first televised trial in Mississippi.

Rosemary Aultman

Amazingly, the Mayor and Board vote to appeal the ruling to the state Supreme Court.   Even before the Judge made her ruling, the Mayor Rosemary Aultman said that she would appeal leaving no doubt that she wanted this treehouse gone.  Ironically one year earlier, the board had stated that they wanted to keep the treehouse if a legal way could be found.

     At this point, the family's legal debt already exceeds $18,000.  "We never dreamed this case would be appealed to the Supreme Court.  After all, the aldermen and city attorney said they would keep the treehouse if found legal.  The Judge's decision made it legal.  To our detriment, we relied on the city's word," state the Welches.

     The city's costs are enormous.   WJTV reports that the city has already spent well over $10,000 and estimates the city will spend over $30,000 to remove this treehouse in the high courts.   The Mayor refuses to reveal the city's actual legal bill.  The public is outraged and write several letters to the editor urging the city to stop wasting taxpayer's money. 

     The Southern Research Group conducts a scientific, professional survey that proves that the city's appeal is not supported by the voters.  Only 10% of the registered voters agree with the city's decision to appeal the Treehouse ruling.  Over half of the registered voters say that they would not support a candidate who voted against the treehouse.  Almost 70% of the voters blame the Mayor and Board of Aldermen for the negative impact on the City of Clinton.  Over 76% of the voters want the issue to end now with the Treehouse saved.

     The Mayor convinces professional groups to file briefs against the treehouse.  (The Mayor serves on the Board of both groups.)  The family must now answer to multiple briefs written by several attorneys.  To make matters worst, the city's brief to the Supreme Court even makes personal, unsupported attacks against the family.

     The John P McGovern Group of Washington, D.C. declares the Mayor's abuse against the Treehouse as one of the worst examples of Government abuse in the nation to show the staggering degree to which government regulation can harm average Americans.  Their publication highlights how regulations that are poorly written and inflexibly enforced can overwhelm, intimidate, bankrupt or otherwise harm average Americans.

     In the meantime, the family of Save Our Treehouse is honored to host children from Belarus who have a unique opportunity to visit America and play in the treehouse, its swings and slide.  Save Our Treehouse is most thankful to their attorney, Steven H. Smith, for yet another summer to enjoy the treehouse especially when it helps children forget their worries for even a short period of time.

     On August 4, 2004 and for the first time in U.S. history, a state Supreme Court heard a case about a treehouse.  The entire trial was broadcast live over the internet and is available for you to view.

     After the trial, the Mayor admitted to spending over $30,000 to remove this treehouse in the Courts.

     TREEHOUSE IS SAVED BY THE SUPREME COURT

     The Mississippi Supreme Court saves the treehouse.  The city's ordinance concerning accessory buildings is declared vague and unconstitutional.  The lower courts decision is affirmed declaring the city acted arbitrarily, capriciously, and unreasonably in its actions.  Read the ruling.

      The support of thousands of prayers and some very key individuals worked to keep alive the principle of "Kids at Play, Keep It that Way".  Many artists donated their talents to help Save Our Treehouse.
    

MAYOR DENIES TREEHOUSE VICTORY       Unbelievably, the Mayor hires a consultant to proclaim that the Supreme Court erred in it's decision.  For the past six months, the Mayor and Board have done nothing to amend the ordinance's confusing language.

F. Clarke Holmes

ELECTION 2005      A record number of candidates, 27 in all, run for office to replace the current Mayor and Board.  The Mayor pays for a professional survey asking voters if her handling of the treehouse will influence their vote.  Many candidates voice their opinion of the treehouse issue in their political platforms.