A Riverdale woman who perched in a black walnut tree to save it from a developer's chain-saw has lost her battle - but only because the tree is about to die anyway.

Second District Judge Stanton Taylor lifted a temporary restraining order after being told the 40-foot-tall tree would die within six months because of earlier cuts sawed into the tree by construction workers."I'll go home and cry," said Elizabeth Carlin, who suffered minor injuries when she fell out of the tree.

Steve Bailey, Carlin's attorney, said an expert from the Forest Service had examined the tree and determined it would die as a result of cuts in the trunk before Carlin was aware of plans to remove the tree.

"By June or July, that tree will die," he said.

Bailey also said he had no objections to Big D Construction cutting down the tree immediately. In fact, he said there is a possibility that the tree could fall on his client's home, he asked them to remove it as soon as possible.

Bailey said he plans to file a civil lawsuit against the both Big D Construction and Hermes Associates, the developers building a Wal Mart shopping center in Riverdale.