Chief Justice Ian Kawaley yesterday ordered the Corporation of Hamilton to temporarily suspend work to uproot trees on Ewing Street in North Hamilton.

Mr Justice Kawaley issued the stay at lunchtime after two protesters — local business owners Henry Ming and Ashley Raynor — appeared before him in the Supreme Court, seeking an injunction.

The ruling came after a protest on Tuesday which saw homeowner Sherma Simmons prevent work from starting by positioning herself next to one of a line of 50-year-old French oaks which run down the centre of Ewing Street on a “median” strip.

Police tried to get Ms Simmons to move away from the tree but she only agreed after constituency MP Walton Brown persuaded City Hall to halt the uprooting work for 24 hours, to allow demonstrators to apply for the injunction.

Mr Ming and Mr Raynor filed documents with the court yesterday morning and appeared briefly before the Chief Justice, without a lawyer, to plead their case.

The Corporation did not appear but is understood to have advised the judge, through its lawyer, that it would resume work at the site at 1pm unless ordered not to.

Mr Justice Kawaley issued his written ruling shortly after 12.30pm, saying that the case for proceeding with the hearing that morning in the absence of the defendant “on grounds of urgency” had been made out.

“It is, just, arguable that the Corporation’s decision to proceed with the tree-cutting exercise is inconsistent with their powers under the Municipalities Act 1923 and/or related legislation,” he wrote.

Mr Justice Kawaley added that he found it “consistent with the interests of good administration, the guiding light of judicial review, to grant leave on the basis of minimal evidence and legal analysis and to grant a statutory stay of the Corporation’s decision ... to cut down certain trees on Ewing Street.”

The Corporation, which wants to pull up the trees and replant them along the sidewalks at a later date, issued a statement shortly afterwards saying it had not yet had the opportunity to present any information to the courts.

“We look forward to clarifying the issues to the courts at the earliest opportunity,” said the statement.

Mr Ming told The Royal Gazette: “I’m pleased, so far. We realise there is work to be done. What it simply means to us is that there will now be a fair hearing.”

Opposition politician Mr Brown said: “I am very pleased the Chief Justice has put the removal of the trees on hold. This will allow the residents — represented by Messrs Ming and Raynor — to clearly articulate their position before an independent third party, the Chief Justice.

“Likewise, this court process will allow for the Corporation of Hamilton to present its case. The ideal outcome would be for the trees to be preserved and the Corporation to be able to achieve its objectives with regard to upgrading the area.”

City Hall was due to begin its “refurbishment project” on the street on Tuesday morning, when local residents and environmentalists staged a demonstration at the site.

They claim the trees should stay put but the Corporation says the refurbishment is necessary to: allow access for emergency service vehicles onto a “too narrow” section of Ewing Street“, widen the sidewalks, add new street lighting and put utility cables underground.

“The City held several consultations with area residents, business and property owners,” said yesterday’s statement from City Hall. “They were presented [with] our proposed plan and we noted the various comments and concerns.

“After an extensive process of evaluation, the plan of action approved by the council was the removal of the median, widen the sidewalks, remove all utility poles and provide more street trees and lighting in line with the Princess Street project.

“After removal of the median, the trees removed will be temporarily relocated to Jubilee Park. None of the current trees will be destroyed and will be replanted along Ewing Street.

“Additionally, the pedestrian environment will be improved and resident on-street parking will be maintained. All other alternatives did not achieve the objectives and/or budget restraints.

“The objectors were aware of the approved plan and, as recent[ly] as six to eight weeks ago, presented the infrastructure committee with yet another suggestion, stating that they were aware that it might not be successful but they were appreciative of the additional opportunity to get their point of view in front of the council.

“The committee reviewed and assessed the presentation and, upon completion, still agreed that the current plan of action would be the best choice for the project.”

Mr Ming said it was true that residents and tenants had known of the plan for some time, adding: “They tell us, they don’t listen. That’s the problem.”

Bermuda Environmental and Sustainability Taskforce, Keep Bermuda Beautiful and the Bermuda National Trust object to the uprooting of the trees.