A dairy cow is pictured here at an Eggert family farm. Chuck and Charlie Eggert are being sued as owners and operators at Rock Ridge Farms, allegedly for dairy cows that got out of a gated enclosure and defecated on a neighbor’s farm field. Benjamin Brink/The Oregonian (Benjamin Brink/The Oregonian/2010)
An Aurora organic farm is suing a co-founder of New Seasons and his son, saying they failed to stop their dairy cows from escaping and defecating on the farm’s crops.
The $210,000 lawsuit states that the cows belonging to Chuck Eggert and his son, Charlie Eggert, forced neighboring Simington Gardens to throw out its contaminated winter squash and leafy greens and shut down the field for 120 days because of the exposure to manure.
The cows got out of a gated enclosure about midnight on April 16, 2014, according to the suit filed last month in Marion County Circuit Court.
“Eventually, after several hours, defendants rounded up the cows and returned them to defendants’ dairy,” the suit states.
Simington Gardens was founded by Michael Simington nine years ago, according to the certified organic farm’s website. The operation sells produce to grocery stores including New Seasons Markets in addition to Portland-area farmers markets and restaurants.
The suit lists the Eggerts — both father and son — as owners and operators of the dairy farm, Rock Ridge Farms, which began about a decade ago and since has been certified organic.
Rock Ridge Farms is at 23512 Schultz Road Northeast in Aurora. Simington Gardens is just down the road at 11563 Arndt Road.
Charlie Eggert, Rock Ridge’s farm manager, declined to comment on details of the case, but said: “We work hard to be good neighbors and trust that this will come to a fair resolution.”
Simington Gardens seeks $70,000 for lost crops and loss of property use. Oregon law allows that amount to be tripled to $210,000, because it allegedly involves “injury” to produce. The law was meant to discourage others from damaging agricultural harvests.
Oregon Tilth organic standards and policies prohibit the use of raw manure “on plants intended for human consumption, except if applied at least 120 days prior to harvest.”
Portland attorneys Tim Bernasek and Anne Foster are representing Simington Gardens.
Read the lawsuit here.
