Judge rules controversial treehouse to stay aloft
By Jimmie E. Gates
jgates@clarionledger.com

The Welch family's treehouse can stay, according to a ruling by Hinds County Circuit Judge Tomie T. Green.

		Vickie D. King / The Clarion-Ledger   The Welch family (clockwise, from below), mom Mary, Cooper, 1, dad Scot, Shelby, 8, Riley, 4, and Tucker, 6, enjoy the good news handed down by Hinds County Circuit Judge Tomie Green on Wednesday allowing the treehouse to stand.

The city of Clinton contends a $5,000 treehouse built by Scot and Mary Welch for their children in the front yard of their Kitchings Street home violates city ordinances and should be removed.

"What began as a place for child play has turned into a war zone of wills," Green said in her opinion. "The battle cry involved the issue of whether the city can blow the children's playhouse down."

Green said the city's ordinances aren't applicable to the treehouse. She also said there is nothing in the court record to justify the city denying the Welches a conditional use permit, a special exemption or a nonconforming use permit.

With her voice cracking with emotion, Mary Welch of Clinton said she hopes her family's fight for the treehouse is at an end.

"I'm just glad it's over," she said after hearing of the decision. "I hope it's completely over because we just can't afford to continue fighting this."

The Welches say they have spent more than $12,000 fighting the city's effort to have them remove the treehouse.

But the treehouse could still be in danger. Clinton Mayor Rosemary Aultman said last week the city would appeal if Green ruled in favor of the Welches.

Aultman said Wednesday night that she had heard about the ruling but hadn't seen the opinion. She said she was hesitant to make any statement until after she read the opinion and conferred with the Board of Aldermen.

Mary Welch said her family is thankful for the support they have received around Clinton. About 735 people signed a petition supporting the presence of the treehouse.

Tee Willis, a neighbor, said it's wonderful the treehouse will stay.

"They are wonderful parents," Willis said. "Their children play in it (the treehouse) all the time. It's a beautiful treehouse."

Virgil Belue, another of the Welches' neighbors, said he is ambivalent about the treehouse issue.

Belue said he told the Welches when they approached him about signing their petition that they would have to deal with the city about it. He didn't sign the petition.

A treehouse isn't defined in city ordinances, but the city board argues it is an illegal accessory building.

The controversy attracted CBS Evening News last August.

Construction of the treehouse began in early 1997 under the city's old ordinance, the Welches' attorney, Steven Smith said.

Mary Welch said that in early 1997 she went to the city's permit department where an official told her a permit to build an elaborate structure in a tree in the front yard was not needed, Smith said. The building inspector is now dead.

City officials took notice in 2002 after someone wrote them complaining about the treehouse.

Mary Welch said the one neighbor moved out prior to the controversy.

Clinton's zoning administrator ruled the treehouse at 218 Kitchings Drive was an accessory building, which, according to city zoning ordinances, is restricted from a home's front or side yard.

The city board upheld the decision. The board also denied a request for a conditional use permit, a special exemption or a nonconforming use permit.

City officials have argued a treehouse in a front yard could detract from property values.