A Tree Is Saved in Ohio                                Page 5 of 5

By the time October half way through and after the letters had time to sink in, the trial of the Wolfingers tree had another hearing. This one was based on the two-inch brief submitted by the Franklin Township Trustees and a lot would be determined by the judge's rulings on the motions before him. The fate of every roadside tree in Ohio was at stake. Whoever lost could appeal to the higher court, but they would find themselves in a defensive position for the duration of the trial. The Wolfingers were hopeful, but not entirely sure. A high stakes land grab was in the offing.

"Case dismissed!" ruled the judge, slamming his gavel down. The township's own documents had proven themselves wrong, the judge summarized. They have never possessed a right of way nor an easement. The Wolfinger's four-hundred year-old white oak would remain standing. And the Prosecuting Attorney would not appeal. Mike Wolfinger could go back to fighting a real tree-killer, Charles Hurwitz of MAXXAM. The Franklin Township political sheep had stopped banging at the Wolfinger's door.

Moral: Yes, folks, it's deep water for the forces of greed when labor and environment get together to stand up for our rights. But our rights are only ours when we take them as our own. Like the Dan, the One-Armed Tree-Hugger says, "It's self-serve, folks, it's self-serve."