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

In article ,
zxcvbob wrote:

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

Place a few black trash bags on your side of the fence. Document
with an image. Let the folks know if their is spray gets on your bags
It will be an legal issue. This ruse caused my neighbors to call off
aerial spaying 10 years ago.

Bill considered a ******* but so be it . This with relatives.

--

S Jersey USA Zone 5 Shade
http://www.ocutech.com/ High tech Vison aid
This article is posted under fair use rules in accordance with
Title 17 U.S.C. Section 107, and is strictly for the educational
and informative purposes. This material is distributed without profit.

William Wagner wrote:
It will be an legal issue. This ruse caused my neighbors to call off
aerial spaying 10 years ago.

Still, it's amusing when your dog chases the airplane up and down the
fence line, even if she can't have puppies.

--
Ron Hardin


On the internet, nobody knows you're a jerk.

zxcvbob wrote:

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

What ever state you are located in will have a regulatory office that
regulates pesticide application. They are who you need to contact rather
than the EPA. Some states it will be Dept of Ag other states will have
specialized regulatory board.

Lar

On Jul 1, 3:51 pm, zxcvbob wrote:
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

It's called "Chemical Trespass"
But if you were to roundup a swath a few feet into their property they
wouldn't need to spray near the fence any more

"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.

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

beecrofter wrote:
On Jul 1, 3:51 pm, zxcvbob wrote:
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

It's called "Chemical Trespass"
But if you were to roundup a swath a few feet into their property they
wouldn't need to spray near the fence any more



I don't want to **** off the lady that lives there. She has enough
problems already, and she's not the one hiring Chemlawn.

Bob

"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.


In any case, it is trespassing.

zxcvbob wrote:
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.

I'll bet they're not immune. It used to be a given, but governments big
and small have been made to answer for their presumptive behaviors
lately. If they contracted with Chemlawn, they are responsible for what
Chemlawn does. F'rinstance, Comcast has a right of way through the back
of my property. Two years ago, they had to do excavations on that right
of way to do line upgrading. Comcast hired an outside company to do the
excavation and lay the line. When the work was done, everybody pulled up
and left and the back of my property was a freakin' mess! They were just
gone without a word, and when the yard remained unchanged days later it
seemed evident that they had no intention of clearing up. There were
tire tracks all over my yard from their digging equipment, my back fence
was pushed over, and huge clods of dirt and sod were everywhere. They
hadn't backfilled properly and the trench line was a heaving lumpy mess.
When I called Comcast about it a few days later, they told me it wasn't
their problem since the "other company" did the work. I reminded them
that the "other company" was acting in Comcast's interest and under
Comcast's direction and as a result it was as if Comcast had done the
work itself and was responsible for cleaning it up. But to be on the
safe side, I backed it up with a letter from an attorney. The "other
company" was out there the next day leveling off the backfill, cleaning
up the mess, and lining the fence back up nice and straight.



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.

As they should.

In article ,
zxcvbob wrote:

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

Gee, doing that in Alaska will get you in big trouble. The
legislature just passed a statute about pesticide application
without notification. Some people are allergic to certain ag
chemicals, like me. (What's with people suddenly becoming
allergic to so many things these days? I can't even walk down
the laundry soap isle in the grocery store anymore, and I don't
have a bad case of "chemical sensitivity" or whatever they're
calling it this week.)

Your state will have some control over their licensed pesticide
applicators. Look at your state website and figure out which
agency licenses them. (It's Dept. of Environmental Conservation
in Alaska.) Call them. Then if you need more help than the licensing
agency can offer, call your local legislator and see if he/she will
help.

Or something like that.

Good Luck,

Jan

"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

Dave wrote:
"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.



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.


Is that really what you think I said? That's it's OK because the govt
did it?

Bob

Pennyaline wrote:
zxcvbob wrote:
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.

I'll bet they're not immune. It used to be a given, but governments big
and small have been made to answer for their presumptive behaviors
lately. If they contracted with Chemlawn, they are responsible for what
Chemlawn does. F'rinstance, Comcast has a right of way through the back
of my property. Two years ago, they had to do excavations on that right
of way to do line upgrading. Comcast hired an outside company to do the
excavation and lay the line. When the work was done, everybody pulled up
and left and the back of my property was a freakin' mess! They were just
gone without a word, and when the yard remained unchanged days later it
seemed evident that they had no intention of clearing up. There were
tire tracks all over my yard from their digging equipment, my back fence
was pushed over, and huge clods of dirt and sod were everywhere. They
hadn't backfilled properly and the trench line was a heaving lumpy mess.
When I called Comcast about it a few days later, they told me it wasn't
their problem since the "other company" did the work. I reminded them
that the "other company" was acting in Comcast's interest and under
Comcast's direction and as a result it was as if Comcast had done the
work itself and was responsible for cleaning it up. But to be on the
safe side, I backed it up with a letter from an attorney. The "other
company" was out there the next day leveling off the backfill, cleaning
up the mess, and lining the fence back up nice and straight.



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.

As they should.


Here's one for you:

we own some land outside of a town near here. 20+ acres of pasture
land, currently occupied by 9 horses and 5 cows. NC DOT recently
decided that they want to take our pasture and run a *new* ditch thru
it. The overflow from an area pond runs thru the pasture in a little
stream and now they want to re-route it. We have been informed by local
government, that they are taking a little over 5 acres for this project,
right down the middle of the pasture, digging a trench, and lining it
with landscaping rocks. Do you know what effect that the rocks will
have on the horses feet?!? The way they want to fix it will almost
eliminate any water flow thru the pasture, thus having a bad effect on
the cows. For those who aren't ranchers on the group, the water is vital
to the cows in other ways than for drinking. Cows don't sweat, so they
stand in the water to cool themselves. The township and the county have
already approved this project. So how can we fight this one? Oh, and
during this process, we are *required* to remove all animals from the
pasture, so as the machinery won't scare them and make them *wild*. They
*assure* us that we will be paid for the acreage they take, as soon as
the project is complete. Like we had it for sale before hand or
something............Everything I've tried to do to prevent this, has
turned into dead-ends. Frustrating! UGH!

"rachael simpson" wrote in message
...
Pennyaline wrote:
zxcvbob wrote:
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.

I'll bet they're not immune. It used to be a given, but governments big
and small have been made to answer for their presumptive behaviors
lately. If they contracted with Chemlawn, they are responsible for what
Chemlawn does. F'rinstance, Comcast has a right of way through the back
of my property. Two years ago, they had to do excavations on that right
of way to do line upgrading. Comcast hired an outside company to do the
excavation and lay the line. When the work was done, everybody pulled up
and left and the back of my property was a freakin' mess! They were just
gone without a word, and when the yard remained unchanged days later it
seemed evident that they had no intention of clearing up. There were tire
tracks all over my yard from their digging equipment, my back fence was
pushed over, and huge clods of dirt and sod were everywhere. They hadn't
backfilled properly and the trench line was a heaving lumpy mess. When I
called Comcast about it a few days later, they told me it wasn't their
problem since the "other company" did the work. I reminded them that the
"other company" was acting in Comcast's interest and under Comcast's
direction and as a result it was as if Comcast had done the work itself
and was responsible for cleaning it up. But to be on the safe side, I
backed it up with a letter from an attorney. The "other company" was out
there the next day leveling off the backfill, cleaning up the mess, and
lining the fence back up nice and straight.



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.

As they should.


Here's one for you:

we own some land outside of a town near here. 20+ acres of pasture land,
currently occupied by 9 horses and 5 cows. NC DOT recently decided that
they want to take our pasture and run a *new* ditch thru it. The overflow
from an area pond runs thru the pasture in a little stream and now they
want to re-route it. We have been informed by local government, that they
are taking a little over 5 acres for this project, right down the middle
of the pasture, digging a trench, and lining it with landscaping rocks.
Do you know what effect that the rocks will have on the horses feet?!?
The way they want to fix it will almost eliminate any water flow thru the
pasture, thus having a bad effect on the cows. For those who aren't
ranchers on the group, the water is vital to the cows in other ways than
for drinking. Cows don't sweat, so they stand in the water to cool
themselves. The township and the county have already approved this
project. So how can we fight this one? Oh, and during this process, we
are *required* to remove all animals from the pasture, so as the machinery
won't scare them and make them *wild*. They *assure* us that we will be
paid for the acreage they take, as soon as the project is complete. Like
we had it for sale before hand or something............Everything I've
tried to do to prevent this, has turned into dead-ends. Frustrating! UGH!


What does your lawyer say about this? And, did you attend any town meetings
where this could have been discussed?