ATC maintains wildlife hospital has to no legal grounds to prevent removing trees
By Michael S. Hoey
Correspondent
Fellow Mortals Wildlife Hospital was granted a temporary injunction July 29 in Walworth County Circuit Court that will prevent American Transmission Co. from removing trees on an easement it owns on the hospital’s property at W4632 Palmer Road in the Town of Geneva for 90 days.
A trial date has not yet been scheduled to make a final determination about if ATC will be allowed to remove trees.
ATC was scheduled to begin removing trees on the Fellow Mortals property June 20 but attorney Robert Kennedy filed for a temporary restraining order until both sides could be heard July 29. The temporary 90-day injunction gives Fellow Mortals another reprieve.
ATC has owned an easement on the Fellow Mortals property since taking over ownership from a previous company in 2001. The easement for overhead power lines has existed since the 1970s.
Alissa Braatz, corporate communications representative for ATC, has previously said the easement has always given the company that owns it the right to remove trees in the easement. ATC and the company that owned the easement before have always trimmed trees deemed to be too close to the power lines in the past, but Braatz said the company has been moving toward a tree-removal policy in recent years. She said only trees that are a threat to power lines will be removed, not necessarily all trees in the easement.
Yvonne Blane, co-owner of the property and Fellow Mortals, said she was unaware the easement gave the company the power to remove trees when she and her husband purchased the property, and she believes the company should recognize the unusual situation the wildlife hospital presents and continue to trim trees in the easement. Blane has even offered to pay for the trimming if necessary.
Blane said the removal of the trees will be harmful to the wildlife taking refuge at the hospital, and she is not sure the hospital could continue to operate at that location if the trees are removed. Blane said the decision to remove the trees is a company decision not required by any government agency, and she hopes the company will change its mind.
Braatz said the Public Service Commission of Wisconsin requires maintenance of the transmission line right-of-way in Chapter PSC 113.
When asked if tree removal was required by Chapter PSC 113 or if it was just one option that included trimming, Braatz said the record of the proceedings July 29 speaks for itself and had no further comment on the issue.
Chapter PSC 113 states: “Upon identifying a potential power line natural hazard, the utility shall take action to eliminate the hazard to the power line. The utility shall make a reasonable effort to notify the owner or other individual with authority, to trim or remove the tree of the potential danger and method by which the danger may be minimized or removed.”
Kennedy said ATC filed a motion to dismiss the injunction filed by Fellow Mortals because, ATC claimed, Fellow Mortals, as a matter of law, did not have a case. The court denied the motion July 29 then granted the temporary injunction.
“The Blanes have acknowledged on several occasions that the easement states ATC has the legal right to cut and remove trees on their property,” Braatz said. “While ATC does not agree that the judge had the grounds to issue a temporary injunction against ATC, we will be prepared to provide testimony at the forthcoming hearing regarding the removal of trees in the transmission line easement strip on the Blane property.”
Kennedy called the granting of the temporary injunction a minor victory for Fellow Mortals.
“We still have a long way to go,” he said. “They have tremendous resources, and we have little resources.”
Blane was cautiously optimistic about the ruling.
“I am happy we get to continue (to fight),” she said.
Blane said dealing with the situation during the hospital’s peak season has been difficult, but she is glad she can move forward to the next step of the process.
“There was a thunderous outpouring of support,” Kennedy said about the number of people who turned out in support of Fellow Mortals on July 29. Kennedy said the courtroom was packed, and some people had to watch the proceedings on video in another room because they would not fit in the courtroom.
“The community and the Town of Geneva have been so supportive,” Blane said. “It really gives us strength.”
Blane said more than 85,000 people have signed a petition supporting tree trimming on the Fellow Mortals property.
“Fellow Mortals undeniably provides an important and valuable contribution toward rehabilitating wildlife and educating the public, and the Blanes have obviously built a positive reputation for the wonderful work they do,” Braatz said.
“We recognize the time and effort the Blanes have put into building awareness and support for their cause, but their petition has no legal grounds in this case,” she said.
Braatz said ATC stands by its vegetation management program because it meets two very important objectives – protecting the public and ATC’s crews from the dangers associated with high-voltage power lines and ensuring reliable electric service that everyone counts on.
Blane said she is very disappointed with local legislators including state Rep. Tyler August and state Sen. Stephen Nass who, she said, have said they can do nothing to help Fellow Mortals.
“We continue to hope for a miracle and that ATC will make an exception and work with us in our unique situation,” Blane said.
