Environment suit singles outs SM, says mall’s defense lawyer | Sun.Star.

By JM Agreda
March 16, 2012

“THIS is a suit that clearly singles out SM,” said Sigfrid Fortun, defense lawyer of SM Investments Corporation, while calling for the denial of a Temporary Environmental Protection Order against the mall giant.

In his response to the complaint filed by the Save 182 movement against the SM redevelopment, Fortun, in an interview Thursday, said the cause for action of the complainants is baseless.

“Plaintiffs now oppose the balling and relocation of pine and alnus trees in the subject property without showing how that planned action was approved and authorized by the other defendants, namely DENR (Department of Environment and Natural Resources) and the city, will be deleterious to the environment as to cause plaintiffs material injury,” Fortun said in their answer to the court.

Citing photographs they acquired of the old Pines Hotel, Luneta Hill and the Central Business District showing a grassy plateau, Fortun said this is contrary to claims of complainants that the trees which will be affected are more than 100 years old.

“Luneta Hill does not have a forest cover. Because the entire Baguio then was grassland owned then by Mateo Cariño. If you take a look at these materials, all of these trees you see right now are not old growth pine trees but are new growth pine trees,” Fortun said.

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