Appeal Against Developer Who Illegally Cut Down Tree Possible

The debate over a downed tree in Newtown Township isn't dead yet.

The Newtown Township Supervisors will consider a second legal opinion on whether to file an appeal against a developer who illegally removed a $85,500 tree and then was required to pay nothing following a lawsuit.

The township supervisors on Wednesday will consider appointing William Bolla of High Swartz, LLP to review the litigation with McGrath, developer of Villas at Newtown community on Upper Silver Lake Road.

Earlier this month, a Bucks County judge determined McGrath should not have to pay anything for illegally removing a 112-year-old tree from the property. The township sought $85,500 in Bucks County Court. That figure represents the tree's value and was determined by a professional arborist.

The township had filed the lawsuit against McGrath Homes in August seeking restitution for the tree, which was cut down in 2015 at the Villas at Newtown development despite its preservation being a condition of approval for the community's construction.

Judge Diane E. Gibbons issued the decision, ordering the suit filed by Newtown Township be stricken in its entirety. Her explanation was brief, but essentially she opined the agreement between the township and McGrath did not expressly authorize a judgment could be filed for a monetary sum, according to an explanation from a lawyer representing the township.

Joseph Caracappa, the lawyer representing Newtown, said following the decision that the township's prospects of a different result in an appeal were not good. So officials have decided to get another opinion from Bolla.