"zxcvbob" wrote in message
...
JoeSpareBedroom wrote:
"zxcvbob" wrote in message
...
Sprayed broadleaf herbicide and who knows what else thru the chain link
fence from my neighbor's yard into my garden again. Killed my squash,
and the tomatillo closest to the fence looks stunted a bit.

Last time they did this they left a calling card. This time, I don't
know for /sure/ that it was them because there was no little sign left
in the yard. I'm gonna call the county Monday and find out who they
sent out to spray the fence line (the county owns the house) and then
complain to the EPA this time instead of complaining directly to
Chemlawn.

I don't think the EPA will yank their applicator's license, but there
ought to be a stiff fine for applying pesticides without following the
label restrictions.

Bob


You're in luck. According to a former town justice here, what the
chem-pigs did falls under the heading of civil trespass. That law doesn't
only apply to people entering property without authorization, but also
objects, animals and substances. Once you find out who the chem-pigs
were, call the town office and find out what's involved in taking them to
small claims court.

You may also want to tally up the hours you spent on the garden, multiply
by a reasonable number (say $175 per hour), and include that in the
claim. Finally, check with your state's environmental agency as to
whether there's a safe method for planting in that spot again. If it
involves new topsoil and hiring laborers, it gets lumped into the claim.
Finally, some judges will issue an injunction preventing any further
spraying within a certain distance of the fence line. The local judge did
that for me. It ***REQUIRED*** the police to arrest my neighbor and her
chem-pig applicator if she repeated her crime. She never sprayed again.


In this case, the "neighbor" is Olmsted County, MN. The person living in
the house (rented from the county) is not a problem. The county itself is
sending people out to spray.

The county is most likely immune from any civil lawsuits, small claims or
otherwise. I have to go after the applicator, or find a criminal statute
violated by the county.

BTW, it got interesting a couple of years ago when the house was vacant
one winter, and I called the sheriff and told him if I was supposed to
keep *my* sidewalk cleared, he needed to come out and shovel *his*. (There
was a huge snowstorm and the sidewalk went unshoveled for a couple of
days, in violation of a local ordinance.) They sent someone out a couple
of hours later.

Bob

So, I guess Agent Orange on your children, nevermind your garden, and pets
is okay as long as a government entity is responsible for subcontracting its
application.

Wonder how much of that herbicide is diluted and actually in your garden
now? Maybe you're eating some?
Dave