[photos and testimony about Crescent Orchard]

Addison Eagle
February 21, 2002
Part 1:

Orwell Orchard Owner to Defend Right to Farm

Is the 'right to farm' under attack in Addison County?


by Paley Cowan
Eagle Staff

ORWELL, Vt. -- The right to farm versus the right of the individual -- two of Vermont's strongest principles -- are under siege in Orwell, as George and Carole Trickett's appeal in a lawsuit against neighbors Peter and Carla Ochs, owners of Crescent Orchard will be heard before the Vermont Supreme Court in March.

But observers in the community and on the state level don't believe the case should have made it so far up the legal ladder.  The problem seemed simple enough, at first, to resolve.  A decades old orchard was trying to remain a viable agri-business in a bad economy.  But new neighbors to the orchard expressed concerns about noise, barking dogs and pesticide use.  It was thought these issues might have been resolved in a civil meeting between the Tricketts and the Ochs, possibly mediated by the Orwell selectboard or under the guidance of a state agency.

However, after eight years of bickering, the resulting litigation has become a precedent-setting case, closely watched by legislators such as Rep. Don David, R.-Cavendish, who is reintroducing H.620 to the judicial committee this session.  H.620 is a bill that would "award defendants who prevail in nuisance suits involving agricultural activities the costs of the action, together with reasonable attorney's fees."

Crescent Orchard

In 1965, Peter Ochs Sr. bought a farm on Sanford Road in Orwell and relocated his family from the Hudson Valley in New York.  Established in 1908, the 100-plus acres consisted of an orchard and a dairy farm.  But Ochs wanted to grow apples.  In 1967, he sold the dairy interests including a track of land, out buildings and a farmhouse across the road from the orchard packing house.

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For the next 10 years, the dairy farm remained open.  By the mid-1980's, however, the dairy was sold again.  The property became residential, first belong to the Crookshank family of Orwell, then as a rental property.  In 1992 George and Carole Trickett purchased the house.

While the farmhouse continued to change hands, the senior Ochs established his apple business.  Son Peter Ochs Jr. joined the orchard operation, too.  Crescent Orchard is one of the remaining commercial orchards in Addison County that grows, packs and ships its own crop. (Shoreham Co-op handles the storage, packing and shipping for the majority of area apple growers.)

The 2001-02 harvest season resulted in thousands of bushels of apples passing through Crescent Orchard's packing house.  The bushels were ultimately sold through a broker to markets in New York, Florida and Colorado.

Neighbors

In May 1992, George and Carole Trickett spent a weekend in the farmhouse on Sanford Road before deciding to purchase it.  They "fell in love" with the history of the circa 1835 house and planned to restore it to its former glory.

The Tricketts were not unfamiliar with rural life and farming communities.  Carole was a 4-H mom.  The idea of living across the road from a packing house didn't appear to bother them at the outset.  But soon, after settling into their new home, the reality of where they now lived became apparent.

"An apple growing on a tree is a beautiful thing, but trucks spewing black smoke, noisy equipment, dogs chasing us and pesticides on our property are not beautiful things, "George Trickett said.

In a complaint filed with the Addison County Superior Court through attorney Harold Stevens of Stowe, the Tricketts outlined their grievances against the Ochs:  constant noise from farm equipment and activities, seemingly unrelated to the season or time of day; the Ochs' dogs repeated crossing of the road and threatening their safety; blocking public roadways and contaminating their property with pesticides that have seeped into a stream on their side of the road.

But the Tricketts believe there is another, more important issue at hand.  "It's not our comfort versus their need to make a living, it's more complicated," Carole Trickett said.

According to the Tricketts, this case is about whether or not the state is willing to honor the rights and needs of all citizens and if state agencies are willing to regulate ane enforce laws when they apply to Vermont's farmers and agricultural businesses.

"The Ochs do not conform to any rules or regulations," Carole Trickett said.  "If the Department of Agriculture had done something in previous years, we wouldn't be here [in court]."

Changing Ways

The Tricketts claimed that the orchard's operations have changed, with conditions worsening over the years.

Indeed, there have been changes, the Ochs confirmed.

In 1994, the Ochs switched to a mechanical apple grader rather than having employees sort apples by hand.  And with good reason.  Peter Ochs Sr. explained that the Shoreham Co-op stopped grading apples, so the work had to be done on the premises.  However, he said, the machinery could not be heard outside of the packing house.

Cold storage of the apples is another change that took place.  Previously, Ochs stored apples at the co-op and at Sentinel Pine Orchard in Shoreham.  Now, Ochs keep the fruit in refrigerated truck trailers (also called reefers) on his property, using generators to power them, avoiding not only the costly investment in a permanent structure, but also in the high cost of electricity.

"If you've got to change the operation to compete in the market, we understand," George Trickett said,.  "But don't do it at our expense."  He and his wife object to the increased noise from the generators and perceived increase of truck traffic since the change to reefer storage.

The Tricketts also question whether any of these changes were permitted or approved by the proper state agencies.

Department of Agriculture Commissioner Leon Graves confirmed that while the orchard has altered its practices somewhat since 1995 and some activity has increased on the premises since slowdowns have occurred at the Shoreham Co-op, Graves considers the orchard operation changes "relatively insignificant."

Points of View

William Blodgett, co-owner of Sentinel Pine Orchard and a board member for the Vermont Apple Marketing board and the Vermont Fruit Tree Growers Association, has grown apples in Addison County for nearly 20 years.  He also knows the Ochs.

He explained that, while the average area orchard relies on co-ops such as Shoreham to store, pack and ship apples, it is advantageous for an orchard to handle its own apples throughout the entire harvest-to-market process -- from growing to shipping, for superior quality control.  But, Blodgett said, it can get expensive.  He is critical of many of the Ochs' practices.

Blodgett stressed the importance of keeping apples properly cooled after harvest, but in his opinion, it's not normal to use reefers as cold storage on a long-term basis.  He understand the Ochs' desire to adapt and overcome difficulties while trying to keep overhead down, but he feels that communication with, and consideration for, neighbors must be a farmer's top priority.  Consequently, Sentinel Pine has never received any complaints about their packing house from neighbors.

Blodgett is sympathetic to the Tricketts' point of view, especially their frustration with alleged poor maintenance practices at the orchard."  [In my opinion] Crescent Orchard is one of the biggest messes in Addison County's apple business.  Trees go unpruned.  It's a shame," Blodgett said.

In the 1950's, when the Ochs' orchard belonged to Alden Atwood, it was featured on the cover of Vermont Life; the image could have been a classic postcard of a Vermont apple orchard.  Things at Crescent Orchard appear, at least to some observers, to be no longer picture perfect.

"In my opinion, the whole operation is in danger of being shut down if supermarkets start requiring inspections of packing and shipping facilities," according to Blodgett.

"The Ochs are attempting to operate their orchard and remain viable.  However, I will concede that some farms are maintained and operated at different levels," Graves said.

Rep. Mark Young, R-Orwell, president of the National Bank of Orwell, has tried to maintain perspective regarding conditions at Crescent Orchard.  He said, "They may not be the neatest people in the world, but they're complying with state regulations."

Part II, "Orwell Orchard Owner to Defend Right to Farm in Court:  Pesticide Contamination, Legal Issues and State and Local Reactions to the Case" will appear in the Feb. 28 issue of The Eagle.