Hearing to determine restitution for Toomers Oaks

(CBS42)
(CBS42)

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OPELIKA, Ala. (AP) – A judge will hold a hearing to determine whether University of Alabama fan Harvey Updyke should pay Auburn University about $1 million for poisoning its landmark oak trees.

This June 20, 2012 file photo shows Harvey Updyke arriving to court as jury selection continues in his trial at the Lee County Justice Center in Opelika, Ala. A judge has revoked the bond of Updyke, an Alabama fan charged with poisoning Auburn University's landmark oak trees in a fit of football rivalry. Updyke was taken into custody following a brief court hearing Thursday, Sept. 27, 2012, in Lee County. (AP Photo/Opelika-Auburn News, Vasha Hunt, Pool, File)
(AP Photo/Opelika-Auburn News, Vasha Hunt, Pool, File)

The Opelika-Auburn News reports that Circuit Judge Jacob A. Walker III scheduled the hearing for Sept. 18.

The hearing is to determine whether Updyke must pay restitution for killing the trees at Toomer’s Corner. Auburn fans traditionally rolled the trees with toilet paper after a big win.

The state is seeking about $1 million on Auburn’s behalf, but Updyke says that’s too much.

Updyke is out of jail after pleading guilty to poisoning the trees. He spiked the trees with a powerful herbicide after Auburn beat Alabama in their annual football game in 2010.

Auburn cut down the trees this spring.

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