*Translated by Google translate

Introduction

I want to protect ginkgo street trees. This is Kanda Police Street, one of the faces of Kanda, a city of education and education. Over 150 ginkgo trees line the streets, and residents have loved them since ancient times. Chiyoda Ward suddenly decided to cut down the trees along Kanda Police Street without informing the residents of the area, and then went out of their way to replace them with cherry blossoms. We, the residents, continue to ask the government for discussion, but the ward has not responded at all. Therefore, in order to prevent the government from forcibly removing the trees, we carry out ``tree protection'' activities by standing next to the trees every night during construction hours.

Because there are legal issues not only with the natural environment but also with the planning process, residents became plaintiffs in order to protect the principle of resident autonomy, which states that local government policies must respect the will of residents. Therefore, a resident lawsuit was filed against Chiyoda Ward.
*There is a chronological table at the bottom of this page.

*From the Chiyoda Ward website “Kanda Police Street Roadside Area Urban Development” material “Considerations on Handling Street Trees Phase II Section”

The story so far

In the first phase, the first construction section of Kanda Police Street, the road was constructed while leaving 32 large 100-year-old ginkgo trees in place. However, in 2020, the city decided to cut down approximately 150 street trees in the remaining section to create a bicycle path.

Then, in 2021, the ward assembly voted on a construction contract for the second phase section where logging is currently an issue, and the ward concluded the construction contract without widely informing residents of its logging policy. Residents learned from a ``death sentence'' logging notice pasted on the trees that 32 ginkgo trees in the second phase would be felled (two of which would be transplanted).

Since then, the ward has repeatedly requested discussion and submitted petitions and signatures, but the ward has not shown any interest in discussing the matter, stating that it has already been passed.

In a survey of nearby residents regarding the development of Kanda Police Street that was conducted prior to the resolution, there were questions that encouraged people to approve of cutting down existing street trees. Furthermore, in interviews with academic experts, the experts' opinions were summarized differently without being confirmed by the experts, and were written as if they were in favor of logging. In both cases, they arbitrarily distorted the facts and made false reports to the district council.

This kind of response cannot appropriately reflect the will of the residents. In fact, the petition submitted in July two years ago had 133 supporters and 604 opponents, so the voices of residents who oppose it cannot be ignored.

We are continuing to hold nightly tree vigils in parallel with the trial, seeking dialogue.

Summary of the case

overview

This lawsuit is a resident lawsuit to stop the cutting of roadside trees during the second phase of construction on Kanda Police Street.

Kanda Police Street is a street that connects the Kanda district from east to west, spanning approximately 1.36 km. In the approximately 230-meter construction section currently in question, plans are to reduce the number of lanes, widen the sidewalk, and construct a new bicycle path. The original ``Kanda Police Street Roadside Bustiness Guidelines'' called for preserving the existing streetside trees, ginkgo trees, and maintaining the area in the same way as in the first phase. However, the ward concluded a construction contract to cut down 32 ginkgo trees (two of which were transplanted), and so far seven out of the 32 ginkgo trees have been cut down. We, the residents, including the plaintiffs, do not oppose the road construction, and just like the neighboring first-phase section, where construction was completed without cutting down street trees, we would like to leave the ginkgo trees and widen the sidewalk. I'm looking for it.

* From Chiyoda Ward Assembly Newsletter No. 260 (November 16, 2020)

▲The first phase construction section was completed while leaving the ginkgo trees intact.

Defects at the time of contract conclusion

When concluding a contract for construction work, the ward shall:

① It is not possible to widen the sidewalks without cutting down street trees. ② We have held discussions with the local community for 10 years, and a common understanding has been achieved that is almost unanimous. ③ We want to proceed through dialogue.

I answered this at the ward assembly. However, as shown in Figure 1 below, it is possible to widen the sidewalk while preserving the street trees as per the original guidelines, just as in the adjacent first phase construction section (①). Furthermore, there was no opportunity for residents to form a consensus regarding logging at that time, and even after that, there was only one opportunity for dialogue between residents who opposed the project and the Chiyoda Ward side. In other words, all of the ward's answers to the assembly are contrary to the facts, and the ward has not discussed cutting down street trees with residents living along the road, and has admitted that there were errors in its statements. .

These facts are detailed in a written opinion written by former Chiyoda Ward Councilor Hiroyasu Ogushi, which was also submitted to the court. At that time, he was a member (vice chair) of the Planning and General Affairs Committee when it came to making the decisions that were the prerequisite for concluding the construction contract, and even though the biggest issue at the time was whether or not there was a consensus with the residents. First, Chiyoda Ward's explanation states that the above three points were incorrect. The resolution at that time was 5 people in favor and 3 people against, so if the correct answers and explanations had been given, the former ward councilor Okushi would have been against it, so there would be an equal number of 4 people in favor and 4 people against. , the situation should have been left to a vote by the committee chairperson. If it is clear that there is no consensus among the residents and that there will be no changes through dialogue in the future, it can be said that at least due to the opposition of Commissioner Ogushi, there was no majority in favor. Under these circumstances, it is highly likely that no vote was taken on that day, and the flaw in the voting procedure caused by the above-mentioned false answers can be said to be serious. This point was also pointed out in a written opinion written by Masaharu Koda, a professor at Kanagawa University's Faculty of Law, which was submitted as evidence to the court (→ ``Issues at issue'').

If a resolution is allowed based on false answers, the appropriateness of the contract conclusion will not be ensured, and as a result, it will go against the philosophy of resident autonomy. A resolution based on false answers would be invalid and contrary to the spirit of the law, and the conclusion of a construction contract would be considered illegal.

In addition, there were many problems in the construction contract, such as the description of healthy ginkgo trees as "dead trees" (dead trees), and unnecessary expenses were incurred to cut down ginkgo trees that did not originally need to be cut down. As such, it is considered illegal.

*Figure 1

Petition for provisional disposition prohibiting tree protection and trespassing

For more than a year, we residents have been taking turns protecting trees from dawn until dawn to prevent street trees from being cut down. In 2023, the ward filed a petition for a provisional injunction against us residents, prohibiting us from entering the ward roads. After filing for a provisional injunction, the ward mobilized security guards to cut down one tree over a three-day period, and then surrounded residents and persistently filmed them for a long time. An emergency press conference was held with residents, and the contents were reported. ( Asahi Shimbun article December 1, 2023 )

▲Ginkgo trees in the first phase preserved even after sidewalk expansion work

Issues at trial

1. Regarding resident lawsuits

We are appealing the following points regarding the illegality of Chiyoda Ward's resolution approving the conclusion of a construction contract to cut down street trees.

① Necessary procedures were not taken to change the “Kanda Police Street Roadside Bustling Guidelines”
② A false answer was made at the ward assembly, and based on that, a resolution was passed at the Chiyoda ward assembly to conclude the contract.

The contents of the false answers are the three points mentioned in "3. Defects in concluding the contract."

We, the residents, argue that the above resolution is invalid due to its illegality. We have submitted a written opinion by Masaharu Koda, professor of law at Kanagawa University, as evidence on this point. The opinion document states that local assembly decisions are considered to be the basis of democracy, ``to ensure that decisions are carried out properly based on the will of the residents.'' Decisions made with false explanations, without accurate facts, or with explanations that differ from the facts cannot be evaluated as ``properly made based on the will of the residents.'' If it is accepted that even if there is a false explanation, it is sufficient to obtain a formal resolution, then the resolution in question is invalid because it directly negates the spirit and purpose of the Autonomy Act as referred to in the Supreme Court judgment. Therefore, it is written that the contract must also be invalidated.

2. Regarding provisional injunction prohibiting trespassing

The need for excessive restrictions such as preventing residents who oppose the cutting of roadside trees from entering Kanda Police Street, a public road, until the construction is completed.

Public roads are for general use, and a petition for a provisional injunction stating that no one can enter the section until the completion of the construction work, which has an undetermined end date, is limited to residents' freedom of movement. They also argued that it was an excessive restriction, as it also restricted the expressive behavior of residents who opposed it.

However, on March 10, 2024, the Tokyo District Court decided that, although the content of Chiyoda Ward's original petition was quite limited, it was possible to determine the scope of Chiyoda Ward's arbitrary trespassing ban. issued a decision approving a provisional injunction prohibiting residents from entering. We, the residents, plan to file an objection.

social significance

Street trees are a valuable source of greenery in cities. The ginkgo tree, which is over 50 years old, protects us from the hot summer sun. In autumn, it shines golden and is a delight. We would like to pass on this precious ginkgo tree to the next generation.

Furthermore, recently, cutting down of roadside trees has become a problem in areas such as Jingu Gaien and Hibiya Park, but behind this is the problem of redevelopment, which aims to improve roads and parks and turn them into economic profits. . In Chiyoda Ward, there are many redevelopment issues that are being forcibly pushed forward without residents' consent, not just the Kanda Police Street issue. All of these plans were decided by only a few people and proceeded without sufficient information being made public, and they go against the idea of resident autonomy. In addition, Chiyoda Ward's stance of using its power to eliminate citizens who oppose the plan as ``obstructors'' clearly shows the tyranny of power. As the saying goes, ``Local autonomy is the school of democracy,'' and it is unacceptable for local governments, the administrative agencies closest to us, to exclude residents and change the nature of the city itself. It won't. This is a common problem in all local governments across the country.

Use of funds

• Attorney's fee
  
• Opinion fee
  
• Promotion, advertising costs
  
• Secretariat expenses etc.

Plaintiff's thoughts

We have continued to ask the district for discussion. However, the mayor, ward staff, and some members of the ward assembly have not taken any action, saying, ``It's already been voted on, so we can't change anything now.'' This logging plan was decided unilaterally by a less diverse council that included only a small number of local residents and the developer. We, the residents, were only informed of the logging plan after it had been voted on, and we were not even given the opportunity to object.

If the ward's unfair procedures like this one are overlooked, the ward will be able to proceed with whatever it wants without the consent of residents. We continue to fight to protect not only the ginkgo trees we have known for many years, but also our hometown, which is being destroyed by urban development that alienates residents.

▲The tree guard

Message from the lawyer in charge

Every night, people stand together to keep the ginkgo trees from being cut down. Chiyoda Ward still tries to force the felling. They are trying to get the opposing residents removed by increasing the number of security guards and applying for a provisional injunction banning them from entering the area, refusing to discuss it with the residents, and proceeding because it is their decision.

I feel the fear of naked power in Chiyoda Ward today. This is a crisis of democracy. I believe that the judiciary has a very heavy responsibility in order to stop the runaway of power, and I am working on it.

Introduction of the lawyer in charge

Satoshi Oshiro Tokyo Chiyoda Law Office
Takayuki Fukuda Kataoka Sogo Law Office
Miho Kumazawa Tokyo Chiyoda Law Office
Emi Hisamichi Waseda Legal Commons Law Office

Request for donations

Kanda Police Street is not as big or famous as Jingu Gaien. However, it is common throughout Japan that local policies are decided by disregarding the will of residents, passing resolutions at local assemblies based on false explanations, and excluding residents who go against the wishes of local governments. We believe that this is an issue that will have ripple effects on the state of resident self-governance in local governments.

Even if it is happening in a small area, it is happening in Chiyoda Ward, the center of Japan. I hope that many people will take an interest in this issue and that we can fight together to restore residents' autonomy.