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Discussion Starter · #1 ·
First, I am not licensed to apply pesticides commercially, so I don't.
I do, however, use it at my private residence. Last July, I applied some Roundup beside my garage. My neighbors garden is 3 feet from my garage. I mixed and applied according to label directions while the air was calm as I always do. A couple of weeks later my neighbors cucumber plants began to die off, by some kind of bacterial wilt, I now assume. In August of 2004 I have a Dept. of Agriculture inspector at my door informing me that my neighbor had accused me of killing his cukes with Roundup drift. He took a statement from my neighbor and me. The inspector also took vegetation samples from the neighbors garden. He also informed me that, to him, it seemed I did everything properly and that it didn't look like Roundup killed the plants. In Feb 2005 we recieved the report from DOA and the report stated that no Glyphosate was detected and in April, I received another letter informing me that no violation was found and the case was dropped. I thought the issue was resolved.
In June 2005 I was served with a small claims action for, "poisoning of approximately 900 sq feet of garden space." The neighbor stated that this was because I poisoned his cukes with Roundup. :dizzy:
When we went to mediation, as is required before a small claims action goes to trial, the neighbor started of on some tangent about how I am to stay 24" from any food plant and that I poisoned his bushes too. He had removed them and they looked healthy to me. Anyway, that had nothing to do with the case. The mediator decided to send this one to trial as the neighbor was getting quite agitated at that point.
Just wondering if any of you have had any similar problem? I am going to contend that since the DOA found no Glyphosate in their samples that he has no case. My lawyer wants $350.00 as a retainer to go to court with me but states that it appears he has no case so I'm going to go alone because, as I said, I think the DOA report speaks for itself.
Thanks for any comments.
 

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The neighbor has no evidence to prove your guilty so when this is all done sue him for your time and put up a fence with the money you win.
 

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Start keeping track of all the hours this guy is wasting of your time and bill it at your normal hourly rate, probably $40 per hour. Let it go for a few months and collect some interest and then take him to small claims court, maybe even put a lien on his home. Obviously you are not friends with your neighbor and probably never will be.
 

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Discussion Starter · #4 ·
Playboy said:
The neighbor has no evidence to prove your guilty so when this is all done sue him for your time and put up a fence with the money you win.
The lawyer says that's a possibility but wouldn't count on winning. I would have to prove that in his sick, drunken mind that he did this maliciously.

cleancutccl said:
Start keeping track of all the hours this guy is wasting of your time and bill it at your normal hourly rate, probably $40 per hour. Let it go for a few months and collect some interest and then take him to small claims court, maybe even put a lien on his home. Obviously you are not friends with your neighbor and probably never will be.
Me putting up a fence, 5 years ago, to keep his stupid dog out of my yard is what started this stupid feud.
 

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Sounds like something that would happen in NJ or NY, not the Midwest. The East Coast is sue crazy IMHO.

Be sure to get copies of the agi inspectors report if you didn't keep the paper work. That alone will win the case if it is what you say it is. No use of inciting the neighbor any more by counter suing. Once again that something for the NorthEast sue Crazy Jerks to do. You still have to live next door to the guy and maybe after a while he will come to his senses and realize he is the jerk. No he will never be your bosom buddy, but it might prevent him from throwing Roundup Balloons on your yard. In his defense, Herbicides and Fungus can look much the same in appearance when first taking effect. I am sure he has his side of the story, But a judge will look at who is more clam cool and collected when trying to decide a case. His getting all upset will hurt his creditability. Your appearing as a reasonable type of guy will only help you with the Judge. remember he First has to prove you killed his plants, then what damage was caused. So you lose the cost of a couple of Cuke plants, Big deal The judge is not going to award him a fortune no matter how much he asks for.
 

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Well.. Ya know, my cukes were going to be prized veggies and I was going to be somebody in the Veg-World and now thanks do you and that chemical, that dream is lost. Also, me and my family could now suffer from all sorts of things due to your mindless spraying of hazardous chemicals in the neighborhood.


Uh.. kidding.. I am NOT your neighbor. This guy sounds like a real prize to have next door.

I agree about adding up the time spent on and countersue.
 

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Man, this is absolutely pure bulls--t! Your neighbor needs to get a life big time. What a complete waste of your time! I agree with Geogun on this one! :angry:
 

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I would also call monsanto and have them type a letter explaining that glyphosate has no soil residual and there for could not have shown any damage that was not apparent within 2 weeks. It You can't poison anything with a product that can't stay in the soil.
 

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Discussion Starter · #14 ·
GrowinGreeninc said:
I would also call monsanto and have them type a letter explaining that glyphosate has no soil residual and there for could not have shown any damage that was not apparent within 2 weeks. It You can't poison anything with a product that can't stay in the soil.
Thanks guy. I do feel a little better hearing this from you. You are the experts and your word means a lot to me.
I went to the Monsanto site and printed up their statement about Roundup. It states that Roundup is broken down by microbal activity to co2. Being as court is 10:30 am tomorrow, I didn't have time to get a letter from them.
Thanks for the words of encouragement and I'll get back on tomorrow and let you know what happens. I have no doubt that we will prevail.
 

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Discussion Starter · #15 ·
Just got back from the court. The neighbor handed in some papers supposedly claiming that Roundup cannot be detected for 6 months on the plant and that Roundup stays in the soil for 45 days. All the info I have and turned in counters that claim. The judge is going to make a ruling in a day and send a letter to both of us informing us of his ruling. The neighbor tried to say that the Dept of Ag report means nothing as Glysophate can't be detected in the tests they did. :dizzy:
Well, now the waiting game begins.
Thanks again for your comments.
 

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How much money is your neighbor asking for?? I would like to think the judge will rule in your favor. If he doesn't then he is going against the State Ag dept from what you are telling us.

Good luck
 

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Discussion Starter · #17 ·
:blob3: :blob1: :blob4: :drinkup:

Whoo Hoo

We won!!!!!! The Dept of Ag papers did it. The judge was kind of strange though. It was as though he wanted me to think I was losing. I'm pretty sure he was messing with me. ;)

My wife and I just want to thank all who responded to my appeal for guidance. The worst part about losing would have been knowing I am right and losing anyway.
My wife reads these pages sometimes and she says all, and I mean all of you, are special people. Fight, argue, give advice and internet companionship and support. When no one else is around we can just come here and feel we're amongst friends. Even the lurkers are great.

>
> rant Thanks again and please pardon my exuberance. I've been living under this trumped up lawsuit for a couple of months. The judge chewed me and the plaintiff out for not getting along as neighbors. As far as I'm concerned, we can put a wall between us and he can stay on his side and I'll stay on mine.
 

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to buy some thin surgical gloves......put the 1st pair on before taking out the rest......


(also helps to drink a 12 pack)......



Fill the other gloves with Roundup/Water and launch them all over his yard in the wee hours of the night.



P.S. Have a good alibi.........lol
 

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Discussion Starter · #19 ·
OMG said:
to buy some thin surgical gloves......put the 1st pair on before taking out the rest......

(also helps to drink a 12 pack)......

Fill the other gloves with Roundup/Water and launch them all over his yard in the wee hours of the night.

P.S. Have a good alibi.........lol
That would be a favor as his yard is nothing but weeds anyway.
 
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