Cronyism is apparently alive and well on Whittier Street in Point Loma. A Boss Tweed wannabe in the guise of Superior Court Judge Edward Allard III has acted like the proverbial bull in a china shop as he thwarts efforts by neighbor Dan Stephenson to trim a Chinese elm tree that has invaded his yard, threatening the safety and security of his home and family.
The judge has been fighting the trimming of the tree that dominates not only his yard, sidewalk and street but his neighbor’s property as well for the better part of two years. All Mr. Stephenson wanted is to have the tree trimmed back to his property line. And while he is legally entitled to do just that, the Gov. Arnold Schwarzenegger-appointed judge has threatened lawsuits that Mr. Stephenson cannot afford to fight.
In the latest round, the fire department recently visited the site and posted a notice ordering the judge to trim his tree back 10 feet from his fireplace chimney as per city code. Well, Judge Allard would have none of that. Instead, he removed the posting and appealed to (here’s where cronyism enters the picture) San Diego City Attorney Mike Aguirre’s office. Mr. Aguirre’s office, perhaps looking for one more vote, had the fire department notice set aside and ordered a city-paid that means taxpayer) inspection of the offending tree by an arborist, who is to determine if there is any soot on the underside of the branches over the judge’s chimney.
Apparently, there is no concern over the obvious fire hazard and other factors that are included in the ordinance that the rest of the community has to abide by.
This reader wants to know why this special privilege by the rich and powerful is allowed to undermine the law. The fire department ordinance is there solely for the safety of the homeowner and the neighborhood. It is not selective or arbitrary. Why do laws and ordinances only apply to some of us?
Judges are supposed to be fair and impartial, not judgmental and manipulative. And city employees like Mr. Aguirre should remember who they work for ” us, the citizens of San Diego.
We can’t do anything about a governor-appointed judge, but elections are in the wings, and Mr. Aguirre might be wise to filter his relationships with those further up the food chain.
Jeffrey Cushing
punto loma