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4 CapitalPress.com December 15, 2017 Oregon radish seed suit stayed despite objections Litigation postponed until appeal resolved in related case By MATEUSZ PERKOWSKI Capital Press Over the objections of farmers, a federal judge has stayed a lawsuit that accuses a bank of unlawfully inter- fering with the sale of radish seed. Earlier this year, the Radish Seed Growers’ Association — which represents nearly 40 Oregon farms — filed a com- plaint seeking $6.7 million in lost crop value and added storage costs from Northwest Capital Press File The Wayne L. Morse Courthouse in Eugene, Ore., where farmers are pursuing a $6.7 million lawsuit against a bank over lost radish seed value. A federal judge recently stayed the litigation despite the growers’ objections. Bank of Warren, Pa. Northwest Bank had claimed about 7.4 million pounds of radish seed as col- lateral for a loan taken out by Cover Crop Solutions, a fi- nancially defunct seed broker. However, the company’s attempt to take ownership of seed in the farmers’ posses- sion was rejected by a federal judge in 2016. That ruling is now being challenged before the 9th U.S. Circuit Court of Appeals. The growers allege that Northwest Bank filed meritless liens, pursued a meritless law- suit and discouraged potential buyers from purchasing the seed they’d grown for Cover Crop Solutions. However, the bank count- ers that these actions were per- missible under the “absolute litigation privilege” of its com- plaint, even if the legal action has so far proven fruitless. During a court hearing in September, the company asked a federal judge to dismiss the farmers’ lawsuit. “It’s clear the bank had a good faith basis to assert a security interest in the seed,” said Peter Hawkes, the bank’s attorney. “They had a right to go to court and have that ad- judicated.” Paul Conable, attorney for the growers, argued that North- west Bank wasn’t protected by the absolute litigation privilege because the meritless liens and interference with customers occurred before the lawsuit. “You don’t immunize your- self from the effects of your actions by later filing a law- suit,” he said. However, U.S. District Judge Ann Aiken will postpone any decision on these matters until Northwest Bank’s original law- suit is resolved in the 9th Circuit, based on legal precedents. “In addition to being con- sistent with the weight of au- thority, waiting for the resolu- tion of the pending appeal has obvious benefits: It minimizes the risk of conflicting judicial decisions, conserves judicial resources, and will aid the court in reaching the correct result in this case,” Aiken said. The farmers had opposed the stay, arguing they’d suf- fered million of dollars in losses by having to wait years to sell the radish seed due to Northwest Bank’s unlawful actions. “This lawsuit is their only means to recoup those losses,” Conable said in a court brief. “Forcing them to wait anoth- er significant period of time for this litigation to proceed would be unfairly prejudicial.” Idaho Farm Bureau members support protecting water rights By SEAN ELLIS Capital Press Dan Wheat/Capital Press Workers sort Gala apples at Chelan Fruit Cooperative in Chelan, Wash., earlier this year. Estimates of the new 2017 crop are approaching record levels, pressuring prices. Idaho Farm Bureau Federation Bonneville County, Idaho, farmer Andrew Mickelsen debates an issue Dec. 5 during the Idaho Farm Bureau Federation’s annual meeting, in Fort Hall. IFBF members supported a Bonneville County Farm Bureau resolution that seeks to ensure future water agreements protect the state’s longstanding “first in time, first in right” water rights doctrine. If wolves in conflict areas are collared, “you can show it was in the area of the dep- redation at the same time, so we can better identify the of- fending wolves,” Davis said. “That’s the science fish and game needs to make deci- sions to do control actions.” IFBF members also unan- imously supported a Val- ley-Adams resolution sup- porting “year-round hunting and trapping (of wolves) statewide with emphasis in high depredation areas.” Farm Bureau members unanimously supported a proposed rule change by the Idaho Wheat Commission that would require first pur- chasers of wheat, such as el- evators, to submit the names and contact information of growers to the commission. Several farmers spoke in favor of the rule change, which will go before the Ida- ho Legislature in 2018. North Idaho farmer Rob- ert Blair told his fellow voting delegates that “other commodity commissions in Idaho have this ability and Idaho is the only wheat com- mission (in the U.S.) that does not have this ability.” IFBF members voted down a resolution that op- posed wheat being discount- ed at elevators for less than the feed wheat price. According to members of Clearwater-Lewis County Farm Bureau, which drafted the resolution, some wheat was discounted well below the cost of feed wheat at el- evators in that region in 2016 because of low falling num- bers and protein issues. “There were some pretty big discounts,” Chris Bran- nan, a farmer and voting del- egate from Clearwater-Lew- is, told Capital Press. “The growers in that area felt you should be able to at least sell it at the feed wheat price be- cause the elevator companies are getting the feed wheat price out of it.” Mickelsen argued against the resolution, saying that “it interferes with private busi- ness.” If someone wants to change that, he said, “let them work it out in their con- tract, not try to legislate it.” Washington apple crop estimate nears record By DAN WHEAT Capital Press WENATCHEE, Wash. — The Washington apple crop estimate continues to grow, putting downward pressure on prices, but an industry expert says that could be countered by more exports. The Washington State Tree Fruit Association now estimates the crop at 142.3 million, 40-pound boxes, up 8.7 percent from the Aug. 1 forecast and second only to the record 143.6 million box- es of 2014. That was a year of poor grower returns, but this year likely will be helped as light crops in Europe and else- where fuel overseas demand for Washington apples. The large crop “means marginal downward pressure on prices but exports are do- ing well, and if that contin- ues it will really help,” said Desmond O’Rourke, retired Washington State University agricultural economist and world apple market analyst. A substantial part of the crop is Red Delicious, which customers in Asian countries like, O’Rourke said. Nonethe- less, marketers will struggle to maintain current prices for the next couple of months, he said. Prices have slid some in the last month or two, typical after being higher in August at the start of harvest. “The wild card is how soon will the European crop wind down. They’ve had a much smaller crop and that will shift exports our way,” said Tom Riggan, general manager of Chelan Fresh Marketing, one of the state’s leading sales desks. The shift will come in Jan- uary. Already European and Middle East customers are inquiring more about Wash- ington apple availability and prices than they typically do this time of year, Riggan said. “That tells us supply is tight over there. One customer wanted a certain volume and price and we said we need- ed another price. They came back a week later and were OK with it,” he said. Exports got off to a slow start because this year’s crop was later than those of the last two years, O’Rourke said. As of Dec. 1, the industry had exported 8.3 million boxes of apples compared to 8.8 mil- lion at the same point a year ago. But the pace is picking up with good movement to Mexico and India, he said. Season-to-date, domestic and export shipments totaled 29.6 million boxes as of Dec. 1. That’s 20.8 percent shipped this year versus 25.6 percent a year ago. There’s already significant pressure on Red Delicious and Gala prices. Pressure will in- crease on Granny Smith, Hon- eycrisp and Fuji due to large For December 29 th Issue: News Display and Legal Ads - Friday, Dec. 22nd @ Noon CLASSIFIED REMAINS THE SAME Class Display - Wednesday, Dec. 27th @ 10 am Class Liners - Wednesday, Dec. 27th @ Noon For January 5 Issue: th News Display and Legal Ads - Friday, Dec. 29nd @ Noon CLASSIFIED REMAINS THE SAME Class Display - Wednesday, Jan. 3rd @ 10 am Class Liners - Wednesday, Jan. 3rd @ Noon www.capitalpress.com 50-3/HOU WE SPECIALIZE IN BULK BAGS! BAGS: • Seed Bags • Fertilizer Bags • Feed Bags • Potato Bags • Printed Bags • Plain Bags • Bulk Bags • Totes • Woven Polypropylene • Bopp • Polyethylene • Pocket Bags • Roll Stock & More! 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The estimates for Fuji and Cripps Pink are the second highest, O’Rourke said. The Granny Smith volume is OK because there is tre- mendous demand and move- ment domestically and over- seas, Riggan said. Prices will stabilize at the end of January and climb a little as the crop shrinks, he said. Good weather allowed har- vest to run to the end of No- vember with some marginally profitable apples left on trees due to not enough pickers, Riggan said. The national fresh crop on hand Dec. 1 was 131.1 million, 42-pound boxes, 9 percent more than the previ- ous year. The total fresh and processing crop was 182.5 million boxes, up 12 percent from last year and 18 percent from the five-year average for that date, according to the U.S. Apple Association. The larger national inven- tory pressures prices, but the smaller crops in Europe, Mex- ico and Canada help, O’Ro- urke said. Washington growers are barely breaking even on Reds, Gala, Goldens, Braeburn, Cameo and Jonagold and making money on Honey- crisp, Granny, Fuji and pro- prietary varieties, he said. “Overall, it will be a breakeven year on profit- ability for growers unless they have premium variet- ies,” O’Rourke said. “Inte- grated companies will have more packing and marketing fees with a larger crop so they will do OK, but they have big investments on new orchards.” LEGAL PURSUANT TO ORS CHAPTER 87 Notice is hereby given that the following vehicle will be sold, for cash to the highest bidder, on 12/18/2017. The sale will be held at 10:00am by COPART OF WASHINGTON INC 2885 NATIONAL WAY WOODBURN, OR 2017 CHEV CRUZE VIN = 3G1BE6SM9HS534981 Amount due on lien $3,615.00 Reputed owner(s) LOGAN R. HEARD & JOE L. HEARD ALLY FINANCIAL legal-49-2-3/999 FORT HALL, Idaho — During their annual meeting, Idaho Farm Bureau Federa- tion members adopted a poli- cy that seeks to ensure future water agreements protect the state’s “first in time, first in right” water doctrine. Andrew Mickelsen, a farmer and member of Bon- neville County Farm Bureau, which drafted that resolution, said members want to make sure senior water right hold- ers are not treated unfairly when water agreements are made. He said agreements that are made to avoid water calls but punish senior water right holders almost the same as junior water right holders appear to bypass the “first in time” doctrine. The resolution states that IFBF opposes “agreements between water groups that neglect the first in time, first in right (doctrine) and treat senior, junior, trust and expansion rights (as) near- equal.” The Dec. 5-7 meeting was attended by 350 IFBF members from the state’s 36 county Farm Bureaus. IFBF members also vot- ed unanimously to support a resolution by Valley-Ad- ams County Farm Bureau to mandate that Idaho Fish and Game Department collar wolves as a way to support depredation management de- cisions. Phil Davis, a rancher who drafted the resolution, said he’s concerned fish and game is moving away from its wolf collaring program. Having wolves collared enables the department to make science-based depre- dation decisions, he said.
