The issuance of a temporary injunction to stop ATC from clear-cutting its easement was the subject of a day-long hearing before Judge Phillip Koss on July 29, 2016.
Judge Koss has ruled that ATC cannot remove, cut down, clear cut, apply any herbicide, defoliant, chemical treatment, or trim trees or other vegetation on the property. The Judge did make an exception that in the case of a sudden, unexpected, and substantial change to the structural integrity of any particular tree, steps may be taken to prevent imminent harm to the electrical transmission lines, provided those efforts use the most minimally invasive means possible.
The case has been reassigned to newly elected Judge Daniel Johnson as a result of the biannual judicial rotation that occurred on August 1st. The Court will next schedule a trial at which the ultimate issue of a Permanent Injunction will be decided.
Updates to follow.