OUR OWN FARM

Letter to the Editors

Independent Coast Observer, Gualala, Ca - April, 2000
Anderson Valley Advertiser, Booneville, Ca - April, 2000

Editor:

Many people have asked for updates to our legal battle , as we slowly work our way through the court system in an effort to remain on our own farm. We have been through 6 local court rounds, the next is set for 4/27/01 in Ukiah.

We have also presented our case to the Federal Court, in San Francisco, and have been accepted there. In both circuits, we have requested jury trials.

Recently, the County Attorney, Mr. Irven Grant, quit the county and took a job elsewhere. Mr. Grant had been handling our case on the county's side, through all six court sessions, where he sought to obtain a TRO for a forced eviction, and also sought to have this case dismissed. The case was then handed over to Mr. Frank Zotter, County Counsel, who advises the Supervisors.

When the Supervisors discussed our case as an off agenda item on December 7, l999, County Counsel J. Peter Klein said the matter was between Nicholas and Stornetta.

Mr. Zotter, on December 20, l999, at the Board of Supervisors' "Emergency" hearing, after the vote of 4-1 against us had been taken, came back into the chambers and told the Supervisors he wished they had consulted him prior to the vote against, as they had made a huge error.

It was added to the record that the Right to Farm laws in the state of Iowa had been struck down at the Superior Court Level. The United States Supreme Court denied a request to hear an appeal of this case, which essentially puts all the other state's Right to Farm laws in a legal limbo. This comes under the Fifth Amendment; which is a 'takings issue. We cite violations of this amendment in our case. Government should not have a right to elevate one property owner'' rights above another property owner's rights,.be they mine or yours.

Supervisor Colfax, who was the single dissenting vote, stated (After Mr. Zotter spoke) " I would wish that Counsel had made that point before the vote. Perhaps some of my colleagues could be helpfully informed"

Our thanks to the many people of this county who support us in our efforts; we appreciate it greatly. Barbara Gould, Point Arena