Document text
0 of 3 Premium Clicks used this month SUBSCRIBE Print + Online Subscriber Activation | Register x Forgot Password | Need an Account? subscribe | newsletter | deals Classifieds Jobs Autos Real Estate FEATURED » NEWS NOW Wyden's support is vital ... Guest Opinion: City of Ashland space needs ... Haines & Friends Fund grants help local artists ... Wyden's support is vital ... Guest Opinion: City of Ashland space needs ... Haines & Friends Fund grants help local artists ... COURTS Suit seeks to overturn GMO ban Jackson County voters approved measure in May Comment By Greg Stiles for the Tidings DailyTidings.com By Greg Stiles for the Tidings Posted Nov. 18, 2014 at 7:14 PM Updated Nov 18, 2014 at 7:22 PM By Greg Stiles for the Tidings Posted Nov. 18, 2014 at 7:14 PM Updated Nov 18, 2014 at 7:22 PM » RELATED CONTENT • GMO opponents ask for seat at defense table » Social News Jackson County voters passed a ban on GMO crops last May. Now the courts will test the ordinance's validity. Two county farms that grow Roundup Ready alfalfa filed suit Tuesday asking a state court to overturn the voter-approved ban on genetically modified crops or force the county to pay a total of $4.2 million, which they claim is the value of the crop they would have to destroy. Backed by a coalition of farming, agriculture and biotechnology organizations, Schulz Family Farms LLC of Gold Hill and James and Marilyn Frink and their family trust have filed suit in Jackson County Circuit Court. County voters approved the GMO crop ban in May, with nearly two-thirds of the votes cast supporting the ban. More than $1.2 million was spent on the local campaign, the bulk of it coming from large agri-business concerns such as Monsanto and Syngenta, which produce GMO seed. The lawsuit names Jackson County as the defendant, although the county did not impose the measure but is the government tasked with enacting it. "We're seeking for the court to find the ban is in violation of state law," said Shannon Armstrong, an attorney with Portland law firm Markowitz Herbold PC. Although there may be other Roundup Ready alfalfa growers affected by ban, none has sought the firm's services, she said. The 34-page complaint claims the ordinance, which goes into effect June 6, 2015 conflicts with Oregon's Right to Farm Act and will require farmers to destroy previously planted commercial crops. In the complaint, Bruce Schulz estimates he would lose just over $2.2 million by removing his existing alfalfa and planting a less lucrative grain crop on his 105 acres for the four years that would be necessary to eliminate traces of the GMO alfalfa plants. The Frinks also claim in the suit that they would be forced to tear out 200 acres of Roundup Ready alfalfa and would lose $2 million. No other crop would be as profitable on their land and after waiting four years to replant, they would have lost customers and would be too old to start anew, the complaint says. The suit says that Roundup Ready alfalfa can withstand the application of herbicide, enabling farmers to control weeds that would compete with the alfalfa. Once the alfalfa plants are established, hay can be harvested from them for up to 10 years, the suit says. Armstrong said farmers filed suit in Hawaii after voters passed similar restrictions in Kauai and Maui. The suit states the voter-approved ordinance "purports to prevent harm" to other agricultural operations, but does not require evidence of harm or injury caused by genetically engineered plants. The Right to Farm Act, updated in 1995, provides protection for farming practices on lands zoned for farm use, the suit states. "The authority of local governments and special districts to declare farming and forest practices to be nuisances or trespass must be limited because such claims for relief and local government ordinances are inconsistent with land use policies." According to the complaint, the county ban groups genetically engineered crops together with nuisances such as noise, vibration, odors, smoke, dust, mist from irrigation, use of pesticides and use of crop production substances. Reach reporter Greg Stiles at 541-776-4463 or [email protected].     By Greg Stiles for the Tidings DailyTidings.com By Greg Stiles for the Tidings Posted Nov. 18, 2014 at 7:14 PM Updated Nov 18, 2014 at 7:22 PM » Comment or view comments Reader Reaction » STAY INFORMED Email NewsLetter Sign Up Today Sign up for our newsletter and have the top headlines from your community delivered right to your inbox. Southern Oregon Directory Featured Businesses Loading... Business Name address Location, ST | website.com Find Southern Oregon Attractions Bars Restaurants Beauty Salons Entertainment Doctors Medical Specialists Contractors Education Lawn Services Lawyers Shopping Travel Tanning Used Cars Wedding Services ▼ Add your business here + Events Calendar Connect with DailyTidings.com Facebook Twitter RSS Back to top Reader Services Reader Services home Subscriptions Subscriber controls Contact us Submissions Photos Events Letters to the editor Corrections Alerts Email alerts RSS feeds Text Alerts Advertise Media Kit Home Products and services Ad rates Advertising contacts Propel Marketing Mail Tribune Daily Tidings The Nickel Shop Our Valley Blogs Mobile Site Stay Informed Email newsletter Sign Up Today Sign up for our newsletter and have the top headlines from your community delivered right to your inbox. Your privacy is important, read our privacy policy. © Copyright 2015 Local Media Group, Inc. All Rights Reserved. Privacy Policy | Terms of Service | Local Media Group Publications Original content available for non-commercial use under a Creative Commons license, except where noted. DailyTidings.com | P.O. Box 1108, Medford, OR 97501