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Posted on 3/8/16 at 7:47 am to upgrayedd
Can he sue the organic farmer for not controlling dangerous pests breeding on his land?
Posted on 3/8/16 at 7:48 am to upgrayedd
Where is the proof that his farm was actually damaged? As someone mentioned, there is a "perceived damage". Did the neighbor provide tests, etc. to show his crop absorbed the pesticide?
Posted on 3/8/16 at 7:49 am to el Gaucho
quote:
Organic food is poison, they spike it with dangerously high levels of estrogen that turn you into a little bitch
Thanks for the sig
Posted on 3/8/16 at 7:51 am to upgrayedd
quote:
That's setting a very dangerous precedent
I can claim any number of damages from my neighbor burning his sugarcane to stirring up dust by mowing. It's a very dangerous precedent and can backfire on property owners in a heartbeat
Posted on 3/8/16 at 7:55 am to upgrayedd
quote:
That's setting a very dangerous precedent
Not really a precedent here, sprayers have always been liable for damages, usually it is herbacide drift though.
If the organic grower can prove damage he should be compensated, if it was proven to be intentional the sprayer committed a crime. Nothing ground breaking about this.
Posted on 3/8/16 at 8:01 am to cave canem
quote:
if it was proven to be intentional
Based on what is here, it certainly doesn't sound intentional. There might be more to it though. The old guy actually got a permit to spray.
Posted on 3/8/16 at 8:08 am to cave canem
This is different because it pertains to criminal charges.
No one is disputing the civil legalities. This is the first criminal case I know of concerning pesticide drift.
No one is disputing the civil legalities. This is the first criminal case I know of concerning pesticide drift.
Posted on 3/8/16 at 8:10 am to CadesCove
quote:
Based on what is here, it certainly doesn't sound intentional. There might be more to it though. The old guy actually got a permit to spray.
No clue if it was intentional or not, simply commenting on the fact that this is nothing new or precenent setting.
there is likely a LOT more to this story.
Posted on 3/8/16 at 8:15 am to stewie
quote:
This is different because it pertains to criminal charges.
No one is disputing the civil legalities. This is the first criminal case I know of concerning pesticide drift.
He is going to jail for violating a court order, not the drift itself, took about 90 seconds to find.
quote:
State Judge Jeff Herron sentenced Hopper to jail for two days — and fined him $7,500 — ruling that his spraying until 2015 violated a 2012 court order that protected his neighbors, vegetable growers Rosemary Bilchak and Gordon MacAlpine, who suffers from leukemia.
Not very groundbreaking stuff
Posted on 3/8/16 at 8:16 am to cave canem
quote:
there is likely a LOT more to this story.
And lots of seller's remorse.
Posted on 3/8/16 at 8:16 am to tigeralum06
quote:
I have never seen one mosquito in Colorado. I'm guessing there is more to the story.
You should spend more time there, preferably during the summer. I can promise there are mosquitos there.
Posted on 3/8/16 at 8:20 am to CadesCove
quote:
And lots of seller's remorse.
no shite on that one, he likely thought he took the hippies for a ride on the price at the time.
Lesson to be learned here boys and girls, don't piece your farm out to hippies, they stink and cause trouble.
Posted on 3/8/16 at 8:20 am to bmy
You're asking for the difference between accidentally shooting someone with a gun and letting pesticides waft onto your neighbors organic farm?
This post was edited on 3/8/16 at 10:37 am
Posted on 3/8/16 at 8:25 am to BuckeyeFan87
quote:
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.
Fgt.
Posted on 3/8/16 at 8:25 am to cave canem
Court order stemming from what? What was the original event causing the courts to become involved.
You are right in that there is more info needed, but from the info provided it is troublesome.
The legal ramifications run deep here. There are likely property right at stake here...on both sides.
You are right in that there is more info needed, but from the info provided it is troublesome.
The legal ramifications run deep here. There are likely property right at stake here...on both sides.
Posted on 3/8/16 at 8:29 am to stewie
quote:
Court order stemming from what? What was the original event causing the courts to become involved.
You are right in that there is more info needed, but from the info provided it is troublesome.
The legal ramifications run deep here. There are likely property right at stake here...on both sides.
Meh, he is getting locked up for contempt of court.
If you disagree with a courts ruling there are ways to challange it, doing just WTF you want is not likely the best option if you don't want a pissed off judge locking you up.
I think the whole thing is BS but this is not some new regulation or anything of the sort. Read the article the OP linked.
Posted on 3/8/16 at 8:32 am to bmy
quote:
how is this any different than a man facing penalties for discharging a firearm and accidentally injuring another human?
Put this in the dumbest thing you ever heard someone say thread..
Posted on 3/8/16 at 8:34 am to Kujo
If I farted and the neighbor smelled it, would I be arrested for ASSault? 
Posted on 3/8/16 at 8:43 am to stewie
quote:
This is the first criminal case I know of concerning pesticide drift.
unless the old guy was spraying DDT or something else thats banned, who the hell would care? Good lord the NonGMO, organic crowd are a bunch of pussies.
I'd drift 2-4-D and Roundup all over that granola frickers farm. fricking hippies.
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