Tree foretells fate of Atlanta ordinance?

For the last year and a half, Atlanta resident Tab Bottoms and his wife have been struggling to save their tree from the threat of development. The 180-year-old southern red oak stands on the edge of the Bottoms' property, right next to a small empty lot.

Up until now, builders have steered clear of constructing anything on the lot because of the difficulty of building close to the large tree, which is protected by Atlanta's Tree Protection Ordinance. According to the ordinance, since the tree has a 59-inch diameter, the developer cannot legally build within 59 feet of the tree. The developer wants to build 9 feet from the tree.

"The man certainly has a right to build on the property he purchased," says Tab Bottoms, who has spent more than $20,000 on the battle. But he says that building so close to the tree would result in "catastrophic harm and eventual death."

Atlanta's Tree Conservation Commission voted unanimously to protect the tree; the developer has appealed to Fulton County Superior Court.

At stake could be more than just the one tree. If the builder loses in Fulton County Superior Court, he could appeal to the Superior Court of the state of Georgia. If the ordinance is overturned it could seal the fate of Bottoms' tree and put many other trees in Atlanta at risk.