A tree falls in Largo. A lawsuit takes root.
- After warning the city about an ailing tree in 2023, a homeowner is seeking up to $250,000 in damages. But whose tree was it?
LARGO — James Davis warned the city three years ago about a massive, ailing tree in front of his house.
“As you can see from the enclosed pictures, its sick, and destroying the road,” he wrote in an April 2023 email. “I am sure you will want to do something about this before it falls and rips up the water and sewer.”
The tree later fell onto his home at 601 15th Ave. NW. Now Davis is suing Largo for more than $150,000, alleging city officials failed to address a danger he had warned them about.
In his lawsuit, Davis contends the city neglected the tree, allowing its branches and roots to grow unchecked beyond the public right-of-way. He estimates the resulting damage at up to $250,000, depending on whether the foundation was compromised.
The lawsuit does not state when the tree fell, although correspondence submitted as exhibits indicates it came down during a major storm.
Another email, titled “the city's tree is on my house,” includes a response acknowledging that a city official visited the property after the tree fell. A handwritten note accompanying the correspondence identifies the official as Mayor Woody Brown. The undated response, which copied City Manager John Curp, says city staff believed the fallen tree was “on your property” and were waiting for its removal before repairing damaged asphalt.
"I have asked our team (again this morning) to let me know what help is available for you to get the tree down and your place buttoned up," it reads.
The email also suggested Davis apply for federal disaster assistance because the damage resulted from a “catastrophic storm.”
Whether the tree was in the public right-of-way could be central to the case. It was unclear whether the city’s email reference to the tree being “on your property” meant that it had stood outside the city's right-of-way or simply that it had fallen onto Davis' property.
A review by The Pinellas Current of Pinellas County Property Appraiser mapping and historical images on Google Street View suggests that a large tree, apparently an oak, stood outside Davis' property boundary, within the public right-of-way. A boundary survey would provide more definitive evidence of where the tree stood.
Davis alleges the damage to his 1945 wood-frame home forced him to relocate. He claims Pinellas County's People First Housing Recovery Program — which supports homeowners, renters, and local landlords impacted by Hurricanes Idalia, Helene, or Milton — estimated losses exceeding $150,000. He says the total could reach $250,000 because the assessment did not include an engineering evaluation of the foundation.
City records show that the only building permit issued for the property after the 2024 hurricanes was for a roof replacement in July 2025, with a reported construction value of $9,130.
Davis, who is representing himself, argues that Largo had a legal duty to maintain trees in public rights-of-way and prevent them from endangering nearby homes.
He contends that Florida court decisions allowing homeowners to trim encroaching branches do not absolve municipalities of that responsibility. He also argues that governmental immunity should not shield the city from liability for negligent maintenance.
Davis is seeking compensation and a jury trial. City officials were not immediately available for comment.