Chief Justice Ian Kawaley has 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 this morning, representing themselves and seeking an injunction.

The Corporation was not present in court but the judge said he felt the case for proceeding 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 said.

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 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.

City Hall was due to begin a “refurbishment project” on the street yesterday morning but was prevented by resident Sherma Simmons, 61, who positioned herself by one of the trees in protest at its removal.

Constituency MP Walton Brown persuaded the Corporation to halt work for 24 hours, to allow demonstrators to apply for the injunction.

Residents and environmentalists claim that the row of 50-year-old French oaks on a “median” strip running down the centre of Ewing Street should stay put.

But the Corporation say the refurbishment is necessary to “allow accessibility for emergency service vehicles onto Ewing Street, as that section is too narrow”, 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 today’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.”