Court Appeal After Ocean Springs Vote Approving Tree Removal at Wrong Address

OCEAN SPRINGS, MS — A newly filed circuit-court appeal is challenging how the City of Ocean Springs handled its vote to remove a beloved downtown live oak, citing lack of evidence, limited public notice, and irregular bidding.

While the court filing does not raise the issue, a GC Wire review of city records reveals that the Board’s motion and supporting documents all list the wrong address for the tree, an error that could undermine the validity of the city’s authorization.

The circuit court petition, filed October 6 by longtime resident and artist Glenn Miller under Mississippi Code § 11-51-75, asks the Jackson County Circuit Court to review the Board of Aldermen’s September 29 decision authorizing the tree’s removal. Miller argues the Board acted “without credible evidence and in violation of due-process protections afforded to citizens.”

A Vote for the Wrong Location

The official motion, introduced by Alderman Steve Tillis, reads:

“I move that the City of Ocean Springs authorize the removal of the tree located at 712 Washington Avenue in front of the former Lovelace Drug Store on the west side of the property. The tree shall be cut down and the remnants preserved … for potential future use as part of an art project, memorial, or other purpose as determined by the Board of Aldermen.”

The motion passed 6-1, with Alderman Shannon Pfeiffer voting nay.

However, the large live oak that sparked public debate is located at 801 Washington Avenue, across the street in front of Chandelier Outfitters, the building long known as Lovelace Drugs. The city’s agenda, staff memorandum, and vendor estimates also list 712 Washington, meaning the Board officially approved removal of a tree that does not exist at that address.

Bids Collected Out of Sequence

Public-records obtained by GC Wire show the city began receiving bids three days before the Board voted:

• Sept 26 — Cambium Tree Care & Preservation submitted a quote for $8,500.
• Sept 29 — The Board met and approved Tillis’s motion citing 712 Washington.
• Sept 30 — Two more bids arrived: The Tree Service LLC ($8,750) and Donnie McClain’s Tree Experts ($4,850).

Under Miss. Code § 31-7-13, no municipal officer or employee may solicit or accept bids before the governing body has formally authorized a purchase. The city’s procurement authority begins only after the Board votes to proceed.

Even if the September 26 quote was unsolicited, it should not have been received or considered until after the project was approved. If a city accepts a bid prior to authorization, that city would effectively begin procurement without legal authority to do so, a procedural breach that undermines the integrity of the later quotes and the Board’s vote itself.

An Emergency That Will Have to Wait

Officials justified the rush by labeling the tree a public-safety emergency after an arborist’s report found it hollow and unstable. Yet the report was delivered Sept 25, the Board waited until Sept 29 to meet. Although the tree did receive a trimming on Monday, the city has reportedly postponed removal until after Cruisin’ the Coast, ending Oct 13.

Court Review Ahead

The circuit court will review the city’s record of the September 29 meeting and determine whether the Board acted lawfully. Miller’s appeal focuses on the limited notice given to residents and the absence of credible evidence supporting removal.

Separately, GC Wire’s analysis of the official motion and bid documents shows the city misidentified the site throughout the process, a mistake not mentioned in the lawsuit but one that may prove equally consequential.

The city has not publicly addressed the address discrepancy or the early bid. The circuit court will determine whether the Board’s vote complied with Mississippi law and whether the decision to remove the downtown oak will stand.