MILLBURN — A township view 200 years in the making has changed, after a historic tree town officials thought was protected by municipal ordinance was lawfully cut down by a developer.

The swamp white oak tree at 29 Ocean Street had been designated a "bicentennial tree" in Millburn - one that town officials believed to be at least 200 years old. It was one of 23 trees designated as such in the town's 2014 Environmental Resource Inventory Report. The township had an ordinance prohibiting the removal of the historical trees, and named trees to the protected list via resolutions.

"I looked at this tree from my window everyday for 30 years," Chris Tully, who lives in the Millburn neighborhood surrounding the tree, said. "The beauty of this tree was staggering."

In October of last year, township officials said a developer who purchased the property on Ocean Street applied for a tree removal permit. Town Forester Tom Doty denied the application.

"I obviously denied it," Doty said in an interview with NJ Advance Media. "That tree was protected by ordinance."

The development company - 29/33 Ocean Street, LLC - which is planning to build a two-family home on the property, fought the decision in court.

Attorneys Roger J. Desiderio and Christine M. Tiritilli argued in court documents that the township did not have a strong enough basis to designate the trees historical, and because ordinances cannot legally be amended by resolutions, the designations were invalid.

The town's "various characterizations of the tree as a bicentennial tree or as predating the Revolutionary War or as being 'historic' have no support in the record, as there have been no reports or testimony produced relating to the trees on the...list," Desiderio wrote in a court brief. He called the historic designation "arbitrary, capricious, and unreasonable."

The developer also argued that the tree protection violated the company's private property ownership rights, court documents show.

Neither attorney returned a call for comment on behalf of the developer.

The township argued a decision in the developer's favor would be "permanent and irreparable...It is within the authority of the township to protect historical trees of such incredible significance."

It also stressed the historical significance of the oak. According to town officials, the tree was likely alive during the Revolutionary War. It was healthy, and had survived several severe weather situations, like Hurricanes Irene and Sandy, they said.

The courts sided with the developer.

On April 16, Judge Ned Rosenberg signed an order directing the town to issue the previously denied tree removal permit. Six days later - on Earth Day - neighbors said trucks rolled into the neighborhood and chopped down the tree.

"Obviously I'm disappointed and the township's disappointed," Doty said. He added that the town is now working to amend its ordinance so that it'll carry more weight in the future.

For now, neighbors on Ocean Street will have to get used to different views.

"I really do feel like we've lost something," Tully said. "It was a huge anchor to our neighborhood."

Jessica Mazzola may be reached at jmazzola@njadvancemedia.com. Follow her on Twitter @JessMazzola. Find NJ.com on Facebook.