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Message
81 year old man jailed because pesticides he sprayed wafted into an organic farm
Posted on 3/8/16 at 6:58 am
Posted on 3/8/16 at 6:58 am
quote:
An 81-year-old Colorado rancher who waged war on mosquitoes after his wife nearly died from West Nile virus has launched a last-minute fight against going to jail this week for spraying pesticides that wafted over his neighbors' organic farm.
quote:
The decision in western Colorado's North Fork Valley sets a precedent in protecting farmers and sensitive people from pesticides.
"Sprayers can't allow dangerous pollutants, however small, to migrate onto their neighbors' land," said Boulder attorney Randy Weiner, who argued that wafting pesticides are like a physical trespass.
quote:
"This is such a bogus deal. ... It is really ridiculous," James Hopper said last week on the land in Hotchkiss he has worked for 50 years. "All I'm trying to do is protect us from the mosquitoes."
State Judge Jeff Herron sentenced Hopper to jail for two days — and fined him $7,500
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Posted on 3/8/16 at 6:59 am to Kujo
Dumb.
Posted on 3/8/16 at 6:59 am to Kujo
how is this any different than a man facing penalties for discharging a firearm and accidentally injuring another human?
it's two fricking days
it's two fricking days
This post was edited on 3/8/16 at 7:00 am
Posted on 3/8/16 at 7:00 am to Kujo
I have never seen one mosquito in Colorado. I'm guessing there is more to the story.
Posted on 3/8/16 at 7:03 am to Kujo
Shouldn't be jailed unless he was a complete a-hole about how he was spraying, but I tend to side with the organic farm overall. Keep your poison to yourself.
Posted on 3/8/16 at 7:07 am to Kujo
quote:
Sprayers can't allow dangerous pollutants, however small, to migrate onto their neighbors' land
Maybe the TPOS could not break the law. Then he wouldn't have to worry about going to jail.
Posted on 3/8/16 at 7:08 am to Kujo
Biggest issue is that the organic farm wont be able to sell any products certified organic for three years from application of the prohibited substance. $7,500 wont be anything in comparison to the civil suit.
This post was edited on 3/8/16 at 7:09 am
Posted on 3/8/16 at 7:09 am to bmy
quote:
how is this any different than a man facing penalties for discharging a firearm and accidentally injuring another human
What the frick.. You have some fricked up correlation perception
Posted on 3/8/16 at 7:11 am to Kujo
This is a bogus deal and sounds like intimidation on the surface. Was there, in fact, damage to the crops? Was evidence shown that the pesticide could be or was absorbed into the produce?
Posted on 3/8/16 at 7:12 am to BuckeyeFan87
Organic food is poison, they spike it with dangerously high levels of estrogen that turn you into a little bitch
Posted on 3/8/16 at 7:14 am to Bear Is Dead
quote:
Biggest issue is that the organic farm wont be able to sell any products certified organic for three years from application of the prohibited substance. $7,500 wont be anything in comparison to the civil suit.
he sold them the land
This post was edited on 3/8/16 at 7:17 am
Posted on 3/8/16 at 7:16 am to Kujo
Making the organic crop yield increase.
Posted on 3/8/16 at 7:19 am to Pectus
I am going to sue my neighbor for that awesome bar bq smoke that comes into my yard.
Posted on 3/8/16 at 7:21 am to Pectus
order of events
Old man sold Bilchak some of his property in 2005
then in 2008, Bilchak forces the city to stop spraying pesticides
then old man's wife gets west nile
he gets license to spray pesticide and Bilchek files suit of second hand pesticide
quote:
For years, state-administered Paonia Mosquito Control District sprayers had tried to control mosquitoes that breed in pools, junk, discarded tires and elsewhere across the North Fork Valley. But in 2008, the district switched tactics after Bilchak led a campaign against pesticides.
Old man sold Bilchak some of his property in 2005
then in 2008, Bilchak forces the city to stop spraying pesticides
then old man's wife gets west nile
he gets license to spray pesticide and Bilchek files suit of second hand pesticide
quote:
District Court Judge Charles Greenacre ruled that the Hoppers have a right to protect themselves from West Nile virus but that their neighbors have a right not to have their property invaded by other people or things.
This post was edited on 3/8/16 at 7:23 am
Posted on 3/8/16 at 7:23 am to Kujo
quote:
District Court Judge Charles Greenacre ruled that the Hoppers have a right to protect themselves from West Nile virus but that their neighbors have a right not to have their property invaded by other people or things.
So what's the problem here?
Posted on 3/8/16 at 7:28 am to Kujo
Lock the grumpy old man up.
Posted on 3/8/16 at 7:32 am to JohnnyKilroy
quote:
So what's the problem here?
his wife actually was hurt by mosquitoes resulting from the lack of spraying
the organics, think they may get hurt
real "victim" versus "perception" victim
Posted on 3/8/16 at 7:36 am to bmy
quote:
how is this any different than a man facing penalties for discharging a firearm and accidentally injuring another human?
it's two fricking days
i have a garden in my back yard. guess EBR mosquito control needs to go to jail too....
Posted on 3/8/16 at 7:40 am to Kujo
quote:
his wife actually was hurt by mosquitoes resulting from the lack of spraying
the organics, think they may get hurt
real "victim" versus "perception" victim
Maybe old man should have taken more care to prevent his spray from going onto neighbors property.
Posted on 3/8/16 at 7:42 am to Kujo
quote:
"Sprayers can't allow dangerous pollutants, however small, to migrate onto their neighbors' land," said Boulder attorney Randy Weiner, who argued that wafting pesticides are like a physical trespass
That's setting a very dangerous precedent
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