SAN FRANCISCO, CA – The Texas Public Policy Foundation (TPPF) will appear in federal court on Thursday, October 29, to challenge the City of Oakland, California’s enforcement of its Protected Tree Ordinance, which resulted in a staggering $915,000 fine against two property owners for removing trees from their own land.

Plaintiffs Matthew Bernard and Lynn Warner own an undeveloped residential property in Oakland. In 2020, the Oakland Fire Prevention Bureau ordered the couple to remove dead and dying trees from their property or face ongoing fines. After complying with the City’s fire prevention demands, the couple was penalized for removing the trees without obtaining a separate permit. Oakland subsequently imposed a $915,000 fine, threatened to place a lien on their property, and halted all building permits.

TPPF argues that the City’s actions violate constitutional protections against excessive fines, constitute an uncompensated taking of private property, and impose unconstitutional conditions on the use of private land.

WHAT: Federal Court Hearing in Matthew Bernard and Lynn Warner v. City of Oakland, California
WHEN: Thursday, October 29, 2026 | 2:30 PM PDT
WHERE: San Francisco Federal District Courthouse (450 Golden Gate Avenue, San Francisco, CA 94102)

The hearing presents an important opportunity to challenge government overreach and defend the constitutional rights of property owners against excessive and arbitrary municipal penalties.

For more information about the case, click here.

Texas Public Policy Foundation is a non-profit free-market research institute based in Austin that aims to foster human flourishing by protecting and promoting liberty, opportunity, and personal responsibility. The Center for the American Future defends the Constitution through legal opposition to government overreach. The Center launches legal challenges at the administrative, district, and appellate court levels on behalf of ordinary people whose lives, liberty, and property are threatened by government action in defiance of the Constitution.

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