In a display of judicial restraint, Nassau County Supreme Court Justice Arthur Diamond has lifted a restraining order he had issued that denied a new property owner the right to remove trees at 90 Fir Drive in East Hills.
In essence the judge ruled that the law limits a party’s ability to litigate an issue against the same defendant on multiple occasions.
In other words, enough is enough.
Richard Brummel first argued his case before the East Hills architectural review in August. He then asked that village’s tree warden and architectural review board determine whether a tree should be removed.
When all else failed, he brought suit in the County Supreme Court.
Meanwhile the owner of the property could not move forward with his building plans.
Brummel argued that architectural review board decisions approving tree removal permits were issued without public notice and are accessible only with Freedom of Information Law requests.
We like trees as much as the next guy, but we agree with the judge; Brummel abused the court system with his emergency application that sought to block the removal of the trees.
“I don’t find that the allegation here comes close to meeting the appropriate standard to continue the [temporary restraining order],” said Diamond. Brummel of course disagrees.
Trees help make Nassau County a desirable place to live. But the sincere concerns of the most ardent aborists with their penchant for litigation have to be kept in balance with the reasonable rights of property owners.
Tree lovers should not be allowed to use the courts and endless litigation to keep a man from building a home on their own land.
Judge Diamond was right to say “that’s enough.”
