Farmer seeks $50,000 in Oregon land use dispute
An Oregon farmer is seeking to recover more than $50,000 in attorney fees from his opponents in a lawsuit over his straw-compressing facility.
Last month, John Gilmour prevailed in the dispute when the Oregon Court of Appeals ruled that straw-compressing operations are allowed outright on land zoned for farming.
Several neighbors and two conservation groups had argued that Gilmour’s straw-compressing facility engaged in crop processing and thus was required to obtain a conditional use permit from the county, which limited his hours of operation.
The appellate court held that such permits aren’t necessary because straw-compressing is a form of crop preparation, not processing, since “straw is unchanged in substance from when it is first baled in the field to when it is packaged for resale.”
Gilmour’s attorney has now filed a petition asking the Oregon Court of Appeals to order his opponents to pay $50,911 because their legal position was “not well-founded in law” and they had “no objectively reasonable basis” for their legal challenge.
He’s also entitled to attorney fees based on Oregon’s “right to farm” law, which prohibits nuisance and trespass lawsuits against common farming practices, the petition said.
“Petitioners brought this appeal in an attempt to harass and delay a working farmer who has neither the time nor resources to defend such a frivolous claim,” the petition said.
The neighbors and conservation groups were motivated by “substantial animus” toward Gilmour’s farming operation and the associated “truck traffic, noise, and straw debris.”
Suzi Maresh, a neighbor who opposed the facility because she believes it causes traffic hazards, said she was taken aback by the request for attorney fees.
The lawsuit concerned the interpretation of state land use laws, not nuisance and trespass claims over common farming practices, she said.
“We were certainly surprised because we were under the impression that would not be the case,” Maresh said.
The $50,911 in attorney fees would impose a steep financial burden, she said. “We can’t afford that kind of money.”