AUSTIN | The Bowie | 423 FT | 37 FLOORS | Complete

[TXAlex]

Thank goodness, not the Wheeler had any right to cut down city property. But it was a cedar tree and blow way out of proportion in the first place.

I think he is effectively out of business because of the fiasco as his site has not changed since then. And I haven't seen a new house by him show up on the MLS.

Originally Posted by ROCrot

Not hardly. If true, it would have been the front page headline of all the local newspapers, on all the nightly cable and network TV talk shows, and heard about all across the globe. It would also still be fresh in our minds, because we would have been talking about it for the past 3 years straight!



Charge against developer for tree cutting dismissed
By Steven Kreytak | Wednesday, July 8, 2009, 03:23 PM

As expected, the criminal mischief charge against Austin developer Hunter Wheeler — accused of illegally cutting down a tree last year — has been dismissed by Travis County prosecutors.

Neighbors on Daniel Drive in South Austin called police in 2007 after a landscaping crew cut down a large cedar tree in the city-owned right of way.

The workers told the neighbors that Wheeler had told them to cut the tree, which was across from a home Wheeler had built. Neighbors speculated that he wanted to clear the way for a city skyline view from that home.

Wheeler's case had been set on state District Judge Julie Kocurek's jury trial docket today. But prosecutors formally dismissed the felony charge — which is punishable by up to two years in jail — Tuesday, writing in a court paper that Wheeler "has complied with the request of the complainant to their full satisfaction."

Assistant District Attorney Kathryn Scales, who could not be immediately reached today, said for a story on the case in Saturday's Statesman that Wheeler paid for a crew to remove the stump of the cedar tree and planted a live oak tree in its place.

In exchange, Scales said, prosecutors planned to dismiss the case. She said the dismissal was contingent on a city forester confirming that the newly planted tree is healthy and meets the terms of the deal.

City Forester Walter Passmore said Wednesday that he had not inspected the live oak tree and is still waiting for Wheeler to offer a plan on how he is going to care for the tree. He said that Wheeler is responsible for watering and other care to keep the tree alive.

Wheeler did not immediately return a call for comment.