Posted on 12/07/2004 5:46:55 PM PST by hedgetrimmer
Jurors decided a wetlands designation imposed by Santa Barbara County violated the rights of an Orcutt vegetable grower so the county must pay about $5.5 million to the farmer.
The Superior Court verdict on Monday represents the largest-ever land-use judgment against Santa Barbara County.
After a nearly three-week civil trial before a visiting judge, the jury unanimously agreed that county planners preparing the Orcutt Community Plan recklessly violated the rights of Adams Brothers Farming Inc. when 95 acres along Highway 1 were designated as protected wetlands.
The jury assessed actual damages of $5.47 million collectively against the county Planning and Development Department, one of its paid consultants and three current or former employees who helped write the Orcutt planning blueprint in 1977.
The jury said the actions were intentional, despicable and done with "malice, oppression or fraud."
(Excerpt) Read more at sanluisobispo.com ...
The EPA has its own law enforcment agents!
I don't know if you've seen this one yet. The wetlands "consultants" that provided the false data have been assessed punitive damages.
Almost all of the Federal agencies do. Some use them primarily for internal purposes, others to extend their reach.
Now sue the EPA!
Good. Let it be known that there are consequences to screwing the citizens (with impunity).
In this case, the citizens get to pay for it through taxes.
NOAA has armed agents in Santa Cruz county to protect the "sanctuary".
They are tasked to enforce "treaties".
A Special Agent (GS-1811) is responsible for initiating and conducting full-scale investigations of alleged criminal and civil violations under the various fish and wildlife laws. This involves interrogating suspects and interviewing witnesses; conducting searches and seizures with and without warrants; securing and serving search warrants; making arrests; inspecting records and documents; developing evidence for the orderly presentation to the Assistant United States Attorney's office and other legal officers; testifying in court; preparing detailed written reports such as witness briefs and trial books; and carrying out undercover operations. http://www.nmfs.noaa.gov/ole/employment.html
NOAA Fisheries special agents and enforcement officers have specified authority to enforce over 37 statutes, as well as numerous treaties related to the conservation and protection of marine resources and other matters of concern to NOAA. http://www.nmfs.noaa.gov/ole/fen.html
The Federal Case is pending in Los Angeles.
The citizens can also take control of their corrupt government and abolish some of the councils, commissions, and other agencies that are stealing our property with impunity.
The money saved would be significant if a lot of these agencies were abolished, and we could reduce our taxes.
The federal suit, which seeks fines that could potentially amount to millions of dollars as well as "mitigation fees" to pay for restoring the graded wetlands, is set for trial in Los Angeles in January.
It ain't over...
So justice finally prevailed, eh? And in Santa Barbara to boot! Great news!!!!
Orcutt is just down the road a piece. Nice town. Too bad it's being overrun by Santa Maria. Glad to see Santa Barbara County is not all powerful.
Your right. The taxpayers get screwed both ways. If the county won, the cost of housing would increase again, and now that the county lost the taxpayers still have to bend over and spread their cheeks.
Santa Barbara County loses $5.5 million land-use case
Associated Press
SANTA MARIA, Calif. - Jurors decided a wetlands designation imposed by Santa Barbara County violated the rights of an Orcutt vegetable grower so the county must pay about $5.5 million to the farmer.
The Superior Court verdict on Monday represents the largest-ever land-use judgment against Santa Barbara County.
After a nearly three-week civil trial before a visiting judge, the jury unanimously agreed that county planners preparing the Orcutt Community Plan recklessly violated the rights of Adams Brothers Farming Inc. when 95 acres along Highway 1 were designated as protected wetlands.
The jury assessed actual damages of $5.47 million collectively against the county Planning and Development Department, one of its paid consultants and three current or former employees who helped write the Orcutt planning blueprint in 1977.
The jury said the actions were intentional, despicable and done with "malice, oppression or fraud."
Defendants included Dan Gira, former deputy director of comprehensive planning, former staff biologist Elihu Gevirtz, Zoning Administrator Noel Langle and wetlands consultant Katherine Rindlaub. They were also assessed $130,000 in punitive damages.
Adam Brothers attorney Richard Brenneman said the verdict sets "a new precedent in California and the United States by holding Planning and Development Department personnel and their hired consultants personally responsible for intentionally recording as valid a false wetland delineation of 95 acres on the Adam Brothers property."
Attorney David Pettit, who defended Santa Barbara County, didn't comment.
Deputy County Counsel Alan Seltzer was surprised, saying "it's difficult to understand how the county could be held liable for (more than) $5 million for not allowing the plaintiffs to farm that land."
County Counsel Shane Stark said the largest previous judgments against the county for land-use cases were each in the range of $300,000 to $350,000, in two separate cases several years ago.
"The size of this is surprising and so is the fact that the jury rendered punitive damages, when the underlying issue seemed to be the qualifications of the person (Rindlaub) who did the wetlands determination," Stark said.
When the Orcutt Community Plan took effect seven years ago, county planners notified Adam Brothers Farming in repeated letters that the 262-acre parcel between Black and Soloman roads included 95 acres designated as protected wetlands.
Any farming within 50 feet of the wetlands area required grading and land-use permits from the county and possibly the federal Army Corps of Engineers, the letters warned.
In 1999, the company bulldozed the property without permits and allegedly filled in the wetlands area, planting oats and barley there before a stop-work order was issued by the county.
The parcel was also raided in May 1999 by agents from the criminal investigation division of the federal Environmental Protection Agency, which filed a lawsuit against Adam Brothers Farming.
The federal suit, which seeks fines that could potentially amount to millions of dollars as well as "mitigation fees" to pay for restoring the graded wetlands, is set for trial in Los Angeles in January.
It wasn't clear what impact, if any, the Santa Maria verdict would have on the federal case. Assistant U.S. Attorney Lily Chinn, who is handling the case, did not return telephone calls.
What is even more frightening is that, in our County, the CA DFG enforcement officers are cross deputized as federal agents. To me, that defeats the reason of separate federal and State regulatory jurisdictions and separate specific delegations of authority.
How do we fight back? They are overwhelming us by reorganizing all parts of our government without our consent and granting powers to their agents that are tyrannical. The NOAA agents do not need warrants to come onto your property!
Its unfortunate for our children isn't it? That we as a people shame our founding fathers by abdicting our duties to protect our freedoms.
I assume you know which treaties and the year they were ratified by the Senate of the US...
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