The following comments are from the notes of someone who was there for the entire day.
One of the big issues is the timing of the 60 days to file a TRO. Pen2 [ the Drainage District] is
claiming that the 60 days started running in June when the board
made a decision to cut trees. Neighbors [BNA] are claiming that we worked in good faith
with Pen2 until they finally gave us written notice of the number and
location of the trees to be cut - and that was the day before they started
The Pen2 attorney has withdrawn the claim that FEMA mandated the cutting and
that the residents of Pen2 will not be able to get insurance. Actually, those now insured
will be able to grandfather in at low rates just before the 2009 remapping.
BNA called two administrators for the drainage district as witnesses and
one said basically said that he did not know as an answer to almost every
question. He said that he had no knowledge of obtaining the tree permit even
though he signed it. The second in command said that he has no kind of
college degree, but that he knows more about the structure and requirements
of a levee than a civil engineer would. He also said that he has a
disagreement with the urban forester and that he does not need a
cutting permit to cut any of the trees on the water side of the levee. These
two may also be testifying for Pen2 on Thursday - as will several land owners.
To be continued after today's hearing....