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CDD Mulls Legal Action Over Tree Damage

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By MICHELE SAGER

msager@tampatrib.com

Published: March 11, 2009

WESTCHASE - Leaders for the Westchase community are looking at their legal options to go after a company that caused thousands of dollars of damage to trees.
Westchase Community Development District supervisors are upset because the company that manages Westchase Town Center opted to pay a county fine for damaged trees caused by incorrect pruning. They had told supervisors they would replace the trees but later chose to pay the $12,500 county fine instead.

The community can only recoup about half that amount by applying for county grants. Property supervisor Doug Mays said it would cost about $23,000 to remove the trees and replace them with small ones. It would cost about $65,000 to remove and replace trees with similar size trees.

Supervisor Brian Ross asked staff to begin collecting documentation to prove the cost of damages in case the district pursues legal action. Supervisor Mark Ragusa also asked lawyer Erin Larrinaga to investigate whether the district could impose a special assessment on the company.

Supervisors Susan Edgerley said something needs to be done.

"They stood before us and made promises that they would replace those trees," she said. "Instead, they dropped it and got a slap on the wrist from the county. That makes me really sick."

Reporter Michele Sager can be reached at (813) 865-1523.

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