Constitution Park Tree Calamity Caused by Winn Dixie 28 years Ago


The plot of land at 300 S Summerlin Ave, at the corner of Summerlin and South in the Thornton park area of downtown Orlando, currently known as Constitution Green, contains several very old trees, including one thought to be 300 years old. It's listed on the map of "significant" trees


There's a large possibility the park, the tree, everything, will be gone soon, as a developer has shown interest in developing the land.

The big question that stood out to us, though, was this: why was the city renting the land from a private owner? The Daily City spoke with Commissioner Patty Sheehan about the park, the tree, why it might be gone soon and why the city was renting the land.

28 years ago, the owners of the land, the Caruso family, wanted to develop it and build a Winn Dixie. They also wanted to pave some of the surrounding roads. Locals didn't like this idea, but the property owners had every right to build the grocery store. The solution the City of Orlando came up with to make the locals happy and to pacify the Caruso family was this: rent the land from the Caruso family and pay the Caruso family's property taxes. The plot of land was saved from destruction and became a public park called "Constitution Green."

For 28 years, the City of Orlando has been paying rent to, and paying the property taxes on behalf of, the Caruso family.

Around 3 years ago, the Caruso family sued the city for the rights to build higher than zoning allowed. They won. Now the property is even more valuable.

For ten years, the city has been negotiating with the Caruso family to buy the land. No deal was ever finalized.

Two weeks ago, a St Petersburg developer called Mill Creek contacted Commisioner Patty Sheehan, telling her about their idea to develop the plot of land, to see if she was in favor of it and to ask for additional property rights. She declined because of the 300 year old tree on the plot of land, saying that it's a significant tree. She basically said that if this developer wanted her approval, they needed to save the tree. The developer did not want to save the tree.

Saving the tree is not an option for the developer.

The tree cannot be saved under historic preservation laws.

However, Commissioner Sheehan is going to continue working on saving the tree, as will Orange County Soil and Water Supervisor Eric Rollings. Also, there's a rally called "Save the Live Oaks at Constitution Green Rally and Picnic" in the park Saturday March 21, 4-6pm. Bring your friends, family, signs, chairs, blankets, coolers etc. Eric Rollings & other speakers will be there to provide updates and a call to action. Attendees are asked to meet by the giant live oak.