Judge refuses to stop tree ordinance suit

Pasco County's attempt to stop a lawsuit against its new tree ordinance was felled by a judge who allowed the challenge to stand.

Pasco Circuit Judge Stanley Mills released a decision Friday that denied the county's motion to throw out the lawsuit by property owners Peter and Nick Geraci.

The Geracis own a 1,000-acre ranch in Land O'Lakes on which they hope to build a 1,900-home subdivision and shopping mall.

Their attorney, Lee Atkinson, argued during a hearing Wednesday on the motion in Mills' New Port Richey chambers that the ordinance, which requires residential property developers to plant 16 trees per acre, was invalid and discriminatory. He said a small number of developers would have to pay for a larger public benefit.

The Geracis' land is mostly pasture. The ordinance, passed in August, will force them to pay millions of dollars to plant trees, Atkinson said.

The ordinance says the trees will not only beautify the county, but help slow stormwater runoff, stabilize soil and play a large role in flood and erosion control.

When told Friday about Mills' decision, Atkinson said he was "pleased."

"It was not a surprise," he said.

County attorneys could not be reached for comment.

Mills gave the county 20 days to respond to the Geracis' complaint.

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