03/22/2016
Today begins the official shutting down of the farm. The pigs are gone this morning. The ducks and chickens in the next two weeks. We have baby rabbits that need homes and would like to sell them for $20.00 each towards the girls summer camps
There is a summary below.
Thanks to all of you who have hung in with us as we have weathered this storm.
After 8 years in court to defend our property rights and the right to farm against one plaintiff/ two law-suits: the first non-suited, the second the refiled non-suited case claiming over $900,000 in damages (300,000 times the amount of the first case filed only 6 months previously); resulting in a dubious award of $45.00 to the plaintiff plus $150,000 in attorney fees- our appeal to the Virginia Supreme Court (for an additional cost of $40,000 to us) but resulting in a unanimous decision by the justices that attorney fees were NOT recoverable under this statute-which meant that but for her strategy to run-up attorney fees as punitive damages not permitted under the statute in question; there was actually no financial merit to her timber complaints EVER). All other counts and complaints were dismissed, dismissed with prejudice of were "found" for us. All of the details are on file in the records for Fauquier County Civil court.
As retribution for losing her protracted civil case against us and the Supreme Court appeal (ironically she owes us $10,000 in court costs from the appeal) she has now filed misdemeanor charges in the Fauquier County General District court which we have to appear to defend ourselves against on April 20, 2016 to the tune of another $3,500.
She has done us irreparable financial harm; she has taken us out of commerce; we did receive an out of the blue offer for our property the other day: 108 acres in Northern Fauquier county with 7 subdivisions: for $50,000. Although we can not tie the offer to her we suspect that is where it comes from.
We will maintain the property in agriculture with honey bees and alpacas. Possibly work out a lease with a local farmer to put some cattle here. We are working on some creative financing/refinancing to at best keep the land or at worst not sell it for less than the market value. (And for those who have known us for years asking why didn't you sell sooner: a property that is involved in litigation can not be sold-hence the strategy to keep us in litigation-one of her strategies; and a property in litigation does not qualify for refinance loans-another strategy and finally a land-locked property with on road-maintenance agreement is almost impossible to sell: which is why she refuses to reinstate or renegotiate a RMA. She is after all a real-estate investor with over 30 years experience in residential, commercial and investment real estate.)
No, there is no protection for us under the law against malicious prosecution. Unless she is worth a mint no attorney that we have talked with will touch it. Even with all that we have been through the burden of proof is apparently too high. Her $45.00 award precludes our recovering any of our losses despite the gross imbalance between the award and the costs involved to obtain it and despite that we offered to reforest the $45.00 (5-7 trees located on the property line) back in 2010.