Foote v. City of Crosby

The majority refers to our prior decisions holding that trees may not be removed from city streets when their removal would be unnecessary, when the streets are unusable or have been abandoned, or when the trees do not present a clear obstruction to public travel. From this collection of cases, the majority concludes that the City of Crosby is entitled to remove four elm trees from the Footes’ property without paying any compensation. In reaching this conclusion, the majority ignores an important line of cases that should compel us to affirm the trial court’s order in this case. For this…