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.