In an important and precedent-setting case – in which an organic farm was outrageously REPEATEDLY sprayed in contradiction to Court orders – an Appellate court has thrown out the appeal of the spray-trespassing-neighbor.
Last April, at the 34th Annual Pesticides Forum (https://www.youtube.com/watch?v=NkM3rkoNpCg), I met and spoke with Rosemary Bilchak, the innocent victim and next-door neighbor to reckless sprayer, Mr. Hopper. Contrary to media reports Mr. Hopper IS NOT A RANCHER. He is a retired utility worker who stubbornly refused to abide by spray-license restrictions AND COURT ORDERS TO STOP HIS EGREGIOUS, SERIAL ILLEGAL SPRAYING.
To make matters worse, Ms. Bilchak’s partner, Gordan MacAlpine suffers from leukemia and MUST avoid chemical toxins.
Let’s hope justice has now been finally served. It is long past time for the last chapter in dealing with a jaw-dropping breach of civility. Mr. Foster demonstrated unapologetic callous behavior towards peaceful neighbors who were forced to assume VERT COSTLY legal defensive action.
The law MUST be made stronger to protect rural residents – including organic farmers – in their right to be free from trespass by unwanted toxins. Jim
“‘This is very important to us,’ Bilchak said. MacAlpine, diagnosed with leukemia before moving to Colorado, had been told by his doctor to avoid pesticide exposure and was registered with the Colorado Department of Agriculture as a sensitive resident. ‘It is important for us personally, for his health condition and because we also set a precedent that pesticide drift is a trespass,’ she said.”