Court Enjoins City of Tumwater from Pruning or Removing Tumwater Oak

Judge orders City must follow its own historic preservation law and obtain a permit before any removal or alteration

Tumwater, WA — 12/26/2025 — A Thurston County Superior Court judge has issued an injunction on Friday blocking the City of Tumwater from cutting down the 400-year-old Davis Meeker oak, ruling that the City must first comply with its own historic preservation laws.

The ruling enjoins Tumwater’s mayor and the City from removing or damaging the oak unless and until the Tumwater Historic Preservation Commission reviews and approves the action, as required by Tumwater Municipal Code Chapter 2.62.

The decision follows a 2025 Court of Appeals ruling that rejected the City’s claim it could unilaterally remove the tree and held that the Davis Meeker oak is a protected historic property under Tumwater law.

“This order makes something very clear,” said Ronda Larson Kramer, one of the attorneys for Save the Davis-Meeker Garry Oak. “No mayor — now or in the future — can secretly or unilaterally destroy a registered historic resource. The City has to follow the law, just like everyone else.”

A Landmark Tree with Deep Cultural and Historic Significance

The Davis Meeker oak is an Oregon White oak next to the Olympia Regional Airport and is listed on the Tumwater Register of Historic Places. The tree has served for centuries as a landmark along the Cowlitz Trail and Oregon Trail and is widely recognized for its cultural significance to Indigenous peoples and early settlers.

Despite its protected status, in 2024 the mayor attempted to remove the tree without approval from the Historic Preservation Commission, prompting emergency litigation and a temporary restraining order. That order was later reinstated by the Court of Appeals, which ruled that the City had misread its own code.

Court Rejects “Voluntary Pause” Argument

In the latest proceedings, the City argued that a permanent injunction was unnecessary because it currently has no plans to remove the tree. The court rejected that argument, recognizing that voluntary promises do not replace enforceable legal protections, especially where the City previously asserted the authority to act unlawfully.

“The only thing that stopped this tree from being cut down before was public outcry and a last-minute court order,” Larson Kramer said. “This injunction ensures the oak is protected by law, not by political whim.”

The Ruling Merely Requires the City to Follow Its Own Law

The court’s order does not prevent the City from caring for the tree or addressing safety concerns. It requires only that any removal, major alteration, or non-emergency work be reviewed by the Historic Preservation Commission, as the code already requires.

“This is not radical,” said the group’s spokesperson, Michelle Peterson. “It’s basic good governance. Historic protections mean something only if cities are required to follow them.”

Broader Implications

Advocates say the ruling sends a broader message about transparency and the rule of law.

“This case was never just about one tree,” Peterson said. “It’s about whether local governments can ignore their own laws when such laws are inconvenient. The court has now answered that question clearly.”

About Save the Davis-Meeker Garry Oak

Save the Davis-Meeker Garry Oak is a community-based citizens group formed in 2024 to protect the historic oak and advocate for lawful, science-based decision-making. The group includes local residents, historians, tribal members, and environmental advocates.

The Davis Meeker Garry Oak is located at 7527 Old Highway 99, Tumwater, Washington.

Court of Appeals Gives Big Win to Oak Tree

DATELINE— TUMWATER, WA

The Washington Court of Appeals ruled today in favor of the 400-year-old oak tree in Tumwater.

In the unpublished opinion, the court ruled that the mayor did not have authority to cut down the tree without permission of the Tumwater Historic Preservation Commission: "We hold that the superior court erred in concluding that the mayor was not required to obtain a permit prior to removing the tree under the Tumwater Municipal Code."

The Court of Appeals reversed Judge Anne Egeler's ruling and ordered her to reinstate the temporary restraining order that Judge Sharonda Amamilo originally issued. The Court of Appeals also ordered the superior court to hold additional proceedings to finish up the case.

Ronda Larson Kramer, one of the attorneys for the citizen group working to save the tree, explained, “The Court of Appeals understood the law and ruled correctly. The tree is safe for now, but our work is not done.” She said the group's underlying lawsuit ("complaint for declaratory and injunctive relief") is still pending in front of Judge Egeler.

Larson Kramer said that the group plans to file a motion for summary judgment soon. They have scheduled a hearing on that motion before Judge Egeler at 9:00 a.m. on December 5, 2025.

On November 19, 2024, the mayor announced publicly that she had decided not to run for re-election.

The Davis Meeker Garry Oak is located at 7527 Old Highway 99, Tumwater, Washington.

Photo credit Ronelle Funk, January 12, 2019, 9:32 a.m.

New Risk Assessment Says Oak Tree Is Healthy

DATELINE— TUMWATER, WA

Five months after the Court of Appeals reversed a superior court judge who had given the Tumwater mayor unfettered authority to cut down a 400-year-old oak tree, a citizen's group is again celebrating. This time, a new tree risk assessment has confirmed what the citizen's group has been saying all along: the Davis Meeker oak is healthy.

The risk assessment by Todd Prager & Associates was thorough, unlike the original risk assessment by Kevin McFarland in 2023 that claimed the beloved tree should be cut down.

The second risk assessment came about due to substantial community pressure, especially from Cowlitz Tribe members and the Nisqually Tribe, as well as pressure from Tumwater City Councilmembers, all during a historic city council meeting that lasted well into the night due to the large number of people testifying.

In agreeing to order a more thorough risk assessment, Mayor Debbie Sullivan stated, "I take great value in my relationship with all of the tribes." You can watch the inspiring testimony from the June 4, 2024, city council meeting here: Tumwater Oak Testimony - YouTube

The tree is on the Tumwater Register of Historic Places and had been used by Native Americans for hundreds of years to guide them as they traveled on the Cowlitz Trail, a trade route used for thousands of years.

The tree later guided settlers making their way north on the Oregon Trail. Many of those pioneers stopped at the nearby farm of wealthy pioneers Isabella and George Bush, a beloved and generous mixed-race couple who were in a wagon train from Missouri that included the first group of settlers to put down roots in Tumwater.

Isabella ("Ibby") Bush had strong connections with the local Coast Salish people, likely including the Cowlitz People, who had brought the Bush family and other settlers up the Cowlitz River by canoe in October 1845. Ibby and George named their last child "Lewis Nisqually." 

Ibby was an educated woman who home-schooled their boys in Missouri, since the law there excluded the Bush children from all public schools. Later, during the early years on Bush Prairie, she conducted the region's first school in her home.

She became fluent in the Coast Salish language and housed Indian orphans until the tribes could find suitable foster parents. Isabella was also known as a vigorous and highly capable nurse, and she worked tirelessly to care for the Native Americans who were devastated by new diseases brought by the American settlers who had immunity. See here for more information on Isabella.

A descendant of one of the pioneers who came to Tumwater related this story about his ancestors' encounter with the Bush family, a giant oak tree that may have been the Davis Meeker oak, and nearby Swamp Lake: "Mr. Bush suggested that they camp under the giant oak tree on unclaimed land just northwest of his home.  He said the surrounding prairie would provide browse for the livestock and a small lake, just to the east, would be a convenient place to water the stock.  My family believes that the Davis-Meeker oak, the largest in the area, is the one they camped under."

The Davis Meeker oak is located at 7527 Old Highway 99, Tumwater, Washington.

Map created by Ronda Larson Kramer using February 11, 1854 survey plat map of Township 17N Range 2W, from the General Land Office Records from the U.S. Department of the Interior Bureau of Land Management.