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WILMINGTON – A Wilmington man fighting to save a tree on his family's land has given up.

Charlie Joyce Jr. climbed an oak in his father's yard last Wednesday to try and keep the airport authority from cutting it down. Wilmington International Airport paid Joyce's father more than $44,000 to remove all the trees in his yard and use the airspace over his home.

The family said they didn't understand the contract and want to keep the tree. Joyce climbed down Tuesday.

New Hanover County attorneys filed a court order to keep the Joyce family from delaying the project. The order would also arrest Joyce or his family and hold them in contempt if they violate the order.

Airport officials say work will resume next week and the tree will be cut down. They say they need to remove the tree to comply with airport safety.

The Joyce family could face fines for delaying the work.