An Austin homeowner is suing the city over its tree-protection ordinance after officials ordered him to plant replacement trees or pay nearly $9,000 for what he describes as routine trimming intended to protect his Northwest Hills home and family.
The Texas Public Policy Foundation, an Austin-based conservative think tank with a history of suing Austin, filed the federal lawsuit Monday on behalf of Michael Petrick, arguing that the city’s requirements violate constitutional protections for private property. The suit seeks to prevent Austin from enforcing the ordinance against Petrick and asks a judge to declare all or part of it unconstitutional.
“The City cannot lawfully demand that Mr. Petrick pay thousands of dollars or plant a miniature forest in his yard simply because he engaged in ordinary, harmless, yard maintenance,” the foundation’s lawyers wrote in the complaint.
The litigation is part of a broader effort by the foundation to challenge local permitting and tree-replacement requirements that it argues infringe on property rights and increase housing costs…