Judge clears way for removal of landmark water oak in Johns Creek after years-long legal fight
A landmark water oak that has stood for decades in a Johns Creek shopping center parking lot is now set to be removed after a Fulton County Superior Court judge ruled the city cannot prevent its removal.
For Donald Smith, a longtime Johns Creek resident, the tree has been part of his routine for years.
"It's a beautiful tree in the spring, in the summer, in the fall," Smith said. "I think it's just a shame that it's going to be possibly taken down."
The water oak sits on a parking lot island at Medlock Corners, a shopping center along State Bridge Road. Long before the surrounding stores and steady traffic arrived, the tree was already rooted there — becoming a familiar and symbolic presence for many in the community.
For years, residents asked the city to protect the tree under Johns Creek's tree ordinance, which allows certain "specimen trees" to be preserved if they meet requirements related to size, condition, and life expectancy.
But in a recent ruling, a judge determined the city's ordinance does not apply in this case.
According to the court order, the tree does not meet all the ordinance requirements, in part because the removal is not connected to an active development project. The judge also cited the city's own arborist report, which found the tree is showing signs of decline and has a life expectancy of less than ten years.
Even some of the community members who fought to save the tree say the ruling follows the law as written.
"I think the judge was probably right," said Joan Compton, president of the Johns Creek Historical Society. "It seemed pretty clear to me, reading the ruling, that the city's ordinance for tree preservation and historic tree preservation has some loopholes — and unfortunately, this tree fell through one of those loopholes."
The judge also noted that the tree's removal is not part of any active development. City leaders say the property owner has expressed interest in adding a restaurant to the site in the future, though it remains unclear what that restaurant would be.
For now, Smith continues his routine — parking in the same spot, near the same tree — knowing it may not be there much longer.
"One day soon," he said, "it could be gone."


