by Don Moniak
July 22, 2024
There is no shortage of stories illustrating the passion that Aiken-area residents have for their forested parkways and parks.
In 1973 four residents protested a road widening project on Chesterfield Street by standing in front of the bulldozers. After a larger outcry ensued, the project was halted. The event is cited as the catalyst for the founding of Historic Aiken Foundation.
In 2014, an up-swelling of opposition to removing the Marion Oak tree resulted in an effort to preserve the tree for at least another generation. Unbeknownst to City officials, the tree was actually the largest White Oak in South Carolina; and was added to the Clemson Champion Trees of South Carolina list in the midst of the controversy.
An editorial in the Aiken Standard by the late Aiken conservationist Margaret Shealy advocated saving the tree while alerting people to “the mode of operation of the city of Aiken to chop, hack and remove one of our greatest resources – our trees.”
Instead of removing the giant oak tree, City Manager John Klimm opted to recommend retaining historic tree preservation expert Guy Mueiller to implement a preservation strategy (Figure 1) of crown reduction pruning, cabling, and soil enhancement; an action supported by city engineers (see Mr. Mueiller’s assessment of the situation in The Tale of Maid Marion ).
Even though the tree collapsed before he could implement the plan, the community came out in droves to honor the tree that had been so admired, to take a piece as a keepsake, to haul off a large enough limb to craft furniture, or collect acorns to perpetuate its progeny.
Several years ago a group of area residents tied themselves to a giant oak to object to the excessive pruning of trees on Colleton Street by South Carolina Electric and Gas; actions described by the protesters as a “slaughter,” and “butchering.” The uproar compelled the City to intervene and negotiate with SCEG.
Just one year ago the Farmer’s Market “tree massacre” of ten trees and three-quarters of the canopy on that portion of that portion of Williamsburg Street drew so much citizen outrage that the associated redevelopment project was halted, and has yet to resume. Among the trees removed was a rare variety of slash pine that was part of the city-wide Arboretum; a tree that did not qualify as “grand,” but was arguably the most significant tree on the block.
Figures 1 and 2: Partial details of the proposed Marion Oak Preservation plan and measurements for Champion Tree nomination; click to enlarge.
The Unauthorized Tree Removal of 1979
Sometime on the weekend of September 29, 1979, Aiken resident Dr. Robert Bowen had an oak tree* that occupied the right of way in front of his property on 425 Laurens St fallen and removed (*The tree’s measurements were never reported).
In a letter to City Council, then-City Attorney Henry Summerall explained the situation (Figure 3).
Because the tree was in the right of way, the oak was a city-owned tree. However, the tree was removed without authorization. Shortly after the tree was cut, Mr. Henry Summerall advised City Horticulturist Tom Rapp, who had reported the illegal tree removal, to cite Mr. Bowen for violating of Section 17-7 of Aiken Municipal Code; which at the time stated:
“It shall be unlawful for any for any person to cut, break, strip off the bark, or damage in any manner any tree or shrub planted in any street, square, or other public place in the City.”
Figure 3: October 4, 1979 Letter from City Attorney Henry Summerall to Aiken City Council; from October 8, 1979 City Council agenda packet, pages 11-12; click to enlarge.
Mr. Summerall then prepared a resolution for City Council that would approve suing Mr. Bowen for damages; writing that an example should be made from this situation to deter future unauthorized felling or otherwise damaging city trees (see Page 13).
Lawyering Up
Mr. Bowen then retained Attorney Buzz Rich, a partner in the law firm of Lybrand, Rich, to present his case.
In a letter (Figure 4) to City Attorney Summerall, Mr. Rich explained that his client had been compelled to remove the tree in order to salvage the sale of an old house the buyer was having moved to another location. When the buyer threatened to cancel the sale, Mr. Bowen had the tree cut to enable the house relocation.
In his concluding paragraph, Mr. Rich wrote:
“This has been a most unfortunate occurrence for all parties concerned, and I hope that this will settle the matter with no ill feelings toward anyone. I personally deplore the destruction of any of our beautiful trees and shrubbery in Aiken, however, I understand the position which Doctor Bowen found himself to be in, and I trust that you will also so understand.”
Mr. Summerall’s memo to Council admitted that the tree removal “was a necessity in order to get the house removed at a particular time;” Dr. Bowen was willing to pay for a new tree “if the expenses incurred are reasonable;” and no legal action would be taken “unless it becomes necessary.” The end result of the code violation was never reported).
Figure 4: Portion of letter from Attorney Arthur “Buzz” Rich to City Attorney Henry Summerall. For complete letter see Pages 22-23 of the November 9, 1979 City Council agenda. Mr. Summerall’s memo is on Page 21.
Postscript:
Information regarding another house relocation that was actually prevented on the basis that tree removal or removals were necessary can be found in The Chairman’s Bias and Aiken’s Cousin Problem.
