Frequently Asked Questions Page 2

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It sounds like the ordinance needs to be amended to specifically define treehouse. Wouldn't this prevent confusion in the future?

Exactly. If they do not mention treehouses in the ordinance, how is the homeowner supposed to guess how they will classify them. They could have arbitrarily defined it as playground equipment, a shed, or even a house. Each classification requires a whole different set of rules and regulations.

You said that the city granted permission to build the treehouse and actually sent two inspectors to your house 2 and 3 years ago. Why did they approve the work at your house if the treehouse was a violation?

We believe that the signed inspections help prove that the treehouse was not considered a violation of the ordinance and led us to believe that the treehouse was ok. Otherwise, they should not have approved the work at the house. The zoning administrator who granted permission to build the treehouse later signed the new ordinance. Therefore, we feel he was qualified to grant permission. At the time, the ordinance was not available on the internet or the library. We went to the one office and person who was qualified to interpret the code.

The treehouse has been there for six years. Why did the city wait so long to issue this complaint?

Good question. We have signed proof that they knew about it in 1999 and 2000. They claim two anonymous complaints brought them to action after all those years.

Do the people in the community want the treehouse? What about the neighbors?

The overwhelming opinion of the community is complete support of the treehouse. They are demanding a variance be granted to save the treehouse. A city wide petition has been started. The children who play on the treehouse petitioned every house in the neighborhood. 50 residents from a total of the 54 homes in the subdivision signed the petition. Nobody said they wanted the treehouse torn down. Only two homes complained that it might violate an ordinance and refused to sign. The other homes were unoccupied, undecided or the owners were not available.

How did you get all the media attention? Did you call them?

We only called the Clinton News. We even respectfully declined the Clinton News after one alderman thought that the news media would only stir up too much emotion and would detract from the city's decision. All of the other media called us. The treehouse has even attracted national attention and publication. We only hope that all of the news media shows the City of Clinton officials that their decision is very controversial. The media have been very objective, fair and respectful to both sides.

Is there any solution to avoid a lengthy fight to the Supreme Court?

Yes, the city could issue a variance or accept our application for conditional use. Or the city could simply admit that treehouses are not included in the ordinance. Or the city could accept Judge Green's ruling. Or the city could even amend the ordinance to define treehouses. The new ordinance makes special provisions for any conditions that pre-existed the current ordinance. Therefore, the city could have grandfathered the treehouse. As you can see, there were several options to avoid a lengthy fight to the Supreme Court. This issue was debated at a public hearing on Tuesday July 23, 7:00 pm in the Courtroom of the Clinton Police Station in downtown Clinton to a standing room only crowd. The people voted unanimously to keep the treehouse and stop this nonsense. The city could have listened to the voters.

Is the Treehouse Safe?

A state licensed building inspector, a professional architect, a professional builder, and a certified safety engineer inspected 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's framing exceeds building codes.

Why don't the Welches just move the treehouse to the back yard?

The treehouse cannot be moved to the backyard without destroying it. It is built to withstand tornado winds. It is constructed above code and employs hurricane straps, metal bracing, and 12" carriage bolts. Also, Each corner and angle of the treehouse conforms perfectly with the 6 sweet gum trees. It has been in place for over five years. The trees have grown around the base. If it were even possible, moving the treehouse would cost thousands because its weight would require expensive forklift equipment. Four of these beautiful sweet gum trees would have to be cut down at great expense without damaging the treehouse or house. Once the treehouse was removed from the tree, it would no longer be a treehouse and could then be subjected to new rules and regulations. The Welches would possibly have to repeat this whole scenario since the ordinance regulates backyard usage as well.

The City is calling this Treehouse an accessory building? What is the definition of an accessory building in the ordinance? Does the definition include treehouse?

The Clinton government has called the treehouse an accessory building. The ordinance does not define accessory building. The ordinance does not define treehouse. The ordinance defines "accessory structure or use"; but does not prohibit accessory structures. It does prohibit use. The definition of use is "The specific purpose for which the land or a building is designed, arranged, intended, or for which it is or may be occupied or maintained. . . ." which effectively prohibits anything in the front yard. Are you confused? You are not alone. The Supreme Court ruled the ordinance is too vague. When an ordinance falls into the vague category, citizens are left to the mercy, discretion and caprice, of a governmental official as to the use of their own property

Can you provide an example of the ordinance's confusing language?

Yes, the Supreme Court wrote an informative skit that you can read in Appendix A of the Supreme Court ruling.

Has the treehouse increased the property value?

Several people have indicated that they want to buy the house because of the tree house. In this respect, it has added property value. The last two homes for sale in the neighborhood sold in just five days. The homes in the neighborhood are in high demand. More importantly, the neighborhood overwhelmingly wants the treehouse to remain and considers it a beautiful addition to the area. The treehouse provides a great place for neighborhood children to play. Children at play is priceless.

Is there a statute of limitations in the state of Mississippi?

Yes, the statute of limitations is 3 years. This treehouse was started 5 1/2 years ago. This time period has been exceeded. The concern is that it is unfair to summon a defendant into court long after the incident occurred, when memories may no longer be fresh and evidence no longer available. Thus, after the time limit has run out on the applicable statute of limitations, the plaintiff is forever barred from bringing suit--no matter how meritorious the case might be. If limitations did not apply, then some plaintiffs would wait for several years just to make sure that there was no contrary evidence before introducing a charge or lawsuit. See Title 15, Ch. 1, Sec. 15-1-49 of the Mississippi Code to view the law.