Precedent-Setting Court Ruling Upheld

The right for all Coloradans to be secure in their home and free from unwanted chemical trespass has been upheld by the Colorado Court of Appeals. Here’s an article from the local ‘Delta County Independent.’ Jim…

“Rosemary Bilchak, listed as a plaintiff with Gordon MacAlpine, called the decision ‘a win for private property rights.’

“‘We’re very grateful that after a thorough review of the facts, the Court of Appeals upheld the District Court judgment against Mr. Hopper,’ she said. ‘The United States is a nation of laws and there is a long and rich history of protecting the private property rights of citizens. Like every American, we pay property taxes on every acre of our farm and we want free and full access to our entire property. There is a growing body of evidence of negative health impacts from many sprayed toxins. It is our choice — and our right — to protect our property and our family from unwanted chemical trespass. We’re very glad the Court of Appeals agreed with lower the court ruling and upheld our property rights.’

“According to court documents, the underlying dispute between the parties was over Hopper’s application of pesticide on his property to control mosquitoes. MacAlpine and Bilchak asserted his application of pesticide invaded their property, exposed them to harmful health consequences and threatened their organic farming operation.

“In 2012, after two years of litigation, the trial court issued a permanent injunction that, among other things, prohibited Hopper from applying pesticide within 150 feet of the MacAlpine-Bilchak property and required he become a licensed pesticide applicator.”