How can I stop the town commission from cutting down shade trees in my yard?

Full question:

The tree commission in our town is trying to cut down our beautiful shade trees in front of our house. These trees shade our house in the summer and absorb water from a wet area. We would like to get a second opinion by a certified tree expert and also would like to contact our insurance company. The town would like us to sign a legal waiver also and give us responsibility of any property damage from these trees . They are telling us our insurance would not cover us if any damage was done by these trees. We were never notified of the tree removal and now we are being pressured by this waiver before we can do any research. They are threatening to cut the trees down tomorrow as commissioned. What do we do to save our life supporting green trees?

• Category: Trees
• Date: 04/07/2025
• State: New Jersey

Answer:

An injunction is an order of a court requiring a person, corporation, or government entity to stop doing something and refrain from doing that thing in the future. Injunctions are typically issued, only "when the remedy at law is inadequate". For example, a neighbor may threaten to cut down 100 year-old trees that he claims are causing damage to his property. While the dispute is pending, the court may issue an injunction preventing the neighbor from cutting down the trees until the matter is heard and a resolution is reached. Otherwise there could be irreparable harm to the land, money damages could not replace the trees, and the damages you would be entitled to could be speculative.

To have a court grant injuctive relief, a plaintiff must demonstrate either (1) a combination of probable success on the merits and the possibility of irreparable injury if relief is not granted, or (2) the existence of serious questions going to the merits and that the balance of hardships tips sharply in its favor.