Farmer can cross LaFayette streets
- Last Updated on Friday, 13 July 2012 14:59
- Written by John A. Ballentine
At the scheduled first appearance in court July 6, 2012 Village of LaFayette Attorney David Cover and Jared and Dana Brown’s attorney, Mr. Justin Raver of Barash & Everett LLC, argued their points of contention in the case of LaFayette vs. Brown. The case involves the Village of LaFayette that contends Mr. Brown illegally drove his farm equipment upon Village thoroughfares violating a recently enacted ordinance prohibiting such action.
Mr. Cover asked for a temporary restraining order while Mr. Raver asked that the restraining order not be enforced until his motion to strike some of the language from the original complaint could be ruled upon. Judge Stuart Borden did not rule on either motion, but sent both attorneys into the jury room to work out a stop gap resolution.
After approximately one hour and 15 minutes, the two attorneys emerged from the jury room and stood before the judge with an agreement. The court, or Judge Borden, ordered that the defendants, “shall not enter the premises at issue and engage in commercial farming as defined in Ordinance 420 except for the inspection of crops and preservation of crops against loss, but which shall not include aerial spraying.” Furthermore, the order states, “the defendants shall not utilize municipal roadways…except they may cross such roadways” to access one field from another.
This order remains in effect until August 10, 2012 at 9 a.m. when the next court appearance by both sides is scheduled in Stark County’s circuit court. At that date and time a, “hearing on the Defendant’s Motion to Strike Portions of Plaintiff’s complaint” will be addressed.