Treehouse's fate still in limbo

By Maybelle G. Cagle

It's been over a year, since Scot Welch received his first letter from officials telling him the treehouse in his front yard had to come down, because it violated a city ordinance. The ordinance allegedly violated prohibits accessory buildings in front or side yards. City officials contend the treehouse, which Welch built for his four children, is an accessory building. The treehouse is located in the Welch's front yard at 218 Kitchings Drive. Since the controversy began, the issue has not only attracted local attention, but national attention as well. The Welches appealed first to the Planning and Zoning Commission, which makes recommendations to Cinton aldermen. But, the commission sent the matter to the city without a recommendation. On Aug. 6, 2002, aldermen voted to order the treehouse removed.. Within days, the case was sent to the Hinds County Circuit Court on appeal. Welch and his wife, Mary, are represented by Steven Smith, a Jackson attorney. Written arguments outlining pertinent facts in the case have been filed.

The Welches and the city are now waiting on Judge Tomie Green to set a date for oral arguments. Neither Green nor her court administrator returned calls about the date.

“We are prepared to move forward as soon as the judge sets a date,” said Mayor Rosemary Aultman.

Aultman said City Attorney Ken Dreher has contacted Green's court administrator several times seeking a date for oral arguments. “The administrator told him Judge Green has two large trials to complete and isn't ready to se a date just yet,” she added.

According to Smith, Green has read the briefs from both sides. Welch asks that Green find the city's actions “arbitrary, capricious and unreasonable” in ordering the treehouse be removed.

Smith said Green could make a ruling without hearing arguments, but “I think the judge would probably want to hear from us.” “She could hear our arguments and ask questions of either side,” he added. Smith estimated oral arguments might take about 20 minutes per side.

He hopes to hear soon from Green regarding a date for oral arguments. If not, he may contact the court.

The case has cost both sides thousands of dollars. Aultman said the city does not have a breakdown on expenses. Welch believes differently. “Ken Dreher has allegedly charged the city $15,000 for the time he devoted to this case. He charged $4,600 last year for June and July,” said Welch.

He added, “We must pay property taxes for the next 30 years to pay for this.

Shouldn't there be some type of spending limit for the city, or a better system to handle small appeals. The city could have simply submitted the alleged violation and let the judge decide. Instead, we have faced fines, court costs, fees, dismissals, accusations and stress. The city even violated our due process.”

“With the grace of God, generous friends and our hardworking attorney, Steven Smith, we know we'll get through this. Our trial should be a unique educational experience for children. It is rare when a trial's topic is as harmless as a treehouse,” said Welch.