Posted by madpoet (anonymous) on July 25, 2008 at 3:12 p.m. (Suggest removal)

It sure is funny that the Health Dept. can't do anything. I seem to remember in the "Sanitation Code" debacle that we were not supposed to have old cars sitting around since they could leak fluids etc on the ground. But to spray toxic chemicals and dump diesel fuel in your yard is ok? I feel sorry for the neighbors of that guy. It sounds like he may need a dr. to check him out since his behavior sound pretty irrational to me. As much as herbicides cost it should be cheaper just to mow the yard. Or gravel it or something. Weird!

Posted by outdoorguy (anonymous) on July 25, 2008 at 3:27 p.m. (Suggest removal)

I think you could solve this problem for 5 cents. One match should do the trick! Diesel burns, dosen't explode, burns even if under ground. Contamination gone. Problem solved, yard is dead like the land owner wanted, mess cleaned up. Simple

Posted by madpoet (anonymous) on July 25, 2008 at 3:55 p.m. (Suggest removal)

Ha ha ha! I like that outdoorguy! The neighbors could break out the hot dogs and marshmallows and have a block party!

Posted by crackinsack (anonymous) on July 25, 2008 at 4:10 p.m. (Suggest removal)

They probably live next to the guy who owns Town Royal... “It’s my property; I’ll do what I want!” Ha!
http://www.emporiagazette.com/news/2008/...

Posted by ksflwrpetals (anonymous) on July 25, 2008 at 6:12 p.m. (Suggest removal)

They say it is a civil problem, then take it into small claims court with your documentation. Research and documentation is what they listen to. A few pictures of him in the act wouldn't hurt either as well as the ordinances that apply. I had to threaten to sue my city to get them to uphold the ordinaces that a neighbor was violating making life miserable here.

Posted by LifeGoesOn (anonymous) on July 25, 2008 at 7:06 p.m. (Suggest removal)

The person who treated the yard to control the weeds violated a federal law by applying the herbicides inconsistent with it's labeling, Therefore Breaking the Law (A Federal Law) I have to wonder why the police can not press charges? Does not matter if he "intended" to do damage to neighboring yards or not, a Law was broken. Also, This individual dumped enough Diesel fuel on his yard With the mix of herbicides to KILL several large trees and gardens. I would have to wonder why the health dept can not issue any fines for this? The smell in the area is bad and bound to affect air quality. I have been to the site and it is a situation I would not want to have to live next to, 30 and 40 foot trees are curling and wilting and it is easy to see diesel fuel all over the yards on both sides.
On a final note, I would be willing to bet ANY amount of money that if this were to happen next to a employee of the city or county (police,ann mayo,
commissioners, etc) that it would not have taken any time at all to get results.

Good Luck Mr. Hayes

Posted by jayhawker (anonymous) on July 25, 2008 at 10 p.m. (Suggest removal)

I am curious as to why the neighbors took this concern to the County Commission rather than the City Commission inasmuch as the offending property is within the city.

Posted by LifeGoesOn (anonymous) on July 25, 2008 at 10:09 p.m. (Suggest removal)

jayhawker, to answer your question, they were told to seek the advice of the County Commission and the County Attorney by members of the Police Dept. .

Posted by jayhawker (anonymous) on July 25, 2008 at 10:35 p.m. (Suggest removal)

Thanks, LifeGoesOn. The City Commission is the governing body with jurisdiction over zoning and nuisance abatement. Other than outside agency coordination, I don't think that the County Commission has standing to assist these good people. The County Attorney's jurisdiction is county-wide to enforce criminal law but since he decided that no criminal offense occurred, that effectively ended the county's jurisdiction, I think. I'm sure that the City Commission will happily let the County Commission "PR" these good folks in order to stay out of it. It looks like PR is all that they are getting; that and the proverbial "run around."

Posted by USNretired (anonymous) on July 25, 2008 at 11:03 p.m. (Suggest removal)

This story, as laid out, doesn't make much sense. It is about as informative as gossip. Gazette: send an investigative reporter out and investigate, then print a story that makes sense!

Posted by Wasp (anonymous) on July 25, 2008 at 11:03 p.m. (Suggest removal)

Hmmm...County Attorney cannot file charges against someone for creating a toxic waste dump, but has no problem pressing charges against someone for defending himself in his own house with a gun...interesting priorities.

Posted by dhcc66 (anonymous) on July 25, 2008 at 11:52 p.m. (Suggest removal)

ok life goes on....what federal statute did the guy break? and is it local law enforcement or federal departments of agriculture, the EPA, or somebody else who has to enforce them?? please research before you go spouting off about what local law enforcement won't do.

i got online and found that the kansas department of agriculture has statutes that it...not the local cops...enforce on herbicides, pesticides, fertilizers, and other issues to do with crops, farmland, and local lawn care people including regular citizens who decide to do things themselves.

if you sniff higher, the feds do enforce things like this, but only on a large scale. depending on what this guy used, he may be in violation of any number of state or federal Ag laws, but i think that a state's attorney or a US attorney would have to take the case up after it was reported to them, or so it sounds like on the web sites i found. but of course, thats only what i found.

if nothing else, maybe the fire department could get him for knowingly creating a haz mat spill with the fuel??

best of luck mr hayes.

Posted by LifeGoesOn (anonymous) on July 26, 2008 at 12:46 p.m. (Suggest removal)

dhcc66, 40 CFR, Chapter one, protection of the enviroment.

I am not "spouting off" as you put it, If YOU would do some research, the Label stated, "it is against FEDERAL LAW to used this product in a manner inconsistant with it's labeling" THEREFORE, this individual Broke Law. that in itself seems pretty simple to understand.
I also may not have been clear in my last post but this person (admitted to knowingly dump diesel fuel and herbicides) in his yard (knowing) that it would do damage to others plants and trees. Did ya catch the word, ADMITTED! In fact he Told his Neighbors he was going to do it with the intent on killing thier gardens. So dhcc66 maybe you can tell me, if I go to the police, tell them I am going to dump diesel fuel and undiluted pesticides in my yard with the intent on killing everything in my yard as well as the plants in the ajoining yards, then I go home and do just that, there is nothing the police can do about it? Seems to me that IS Criminal damage to property. Which is a crime punishable by our local law enforcement.

Posted by jayhawker (anonymous) on July 26, 2008 at 1:06 p.m. (Suggest removal)

LifeGoesOn: Your point is well taken. The problem is that the County Attorney has already ruled that no crime was committed. That being the case, what are the police to do?

Posted by LifeGoesOn (anonymous) on July 26, 2008 at 4:37 p.m. (Suggest removal)

jayhawker the County Attorney has not ruled no crime was committed, What the county Attorney said was, until the police file charges his hands are tied. In other words, until the police do thier job, he can not do his. Mr. Hayes will just have to file a civil suit if he wants ANY justice. But the problem with that, Mr Hayes will not only have to take a big loss of dollars on his garden and tree replacement he will also have to spend Thousands on a lawyer. Now if the police would have just filed charges for criminal damage (which is JMO of what they should have done) then the neighbor who caused all the damage would be the only one forking out money to defend himself and/or paying a fine.

Posted by jayhawker (anonymous) on July 26, 2008 at 4:51 p.m. (Suggest removal)

LifeGoesOn: I recognize that the news media often get things wrong, but the story above states the following:

County Attorney Marc Goodman agreed that the matter is civil. “Their (police department’s) purpose is ... to investigate and solve criminal acts,” Goodman said. “The only thing they can associate it with is criminal damage to property, (but) because it is spraying they will call it civil because you can’t prove he intended to damage anybody’s property.”

Goodman is saying that there is no crime, again if the paper correctly quoted him. Consequently, there is nothing that the police can do since the police are in the business of criminal investigations, not civil investigations. These poor folks have sure gotten the run around, haven't they?

Posted by LifeGoesOn (anonymous) on July 26, 2008 at 6:57 p.m. (Suggest removal)

I agree with everything you said except one thing, The person who did the damage Admitted he intended to kill thier garden, He stated this to the landowners on both sides of him. He also admitted to the K.B.A. investigator that he used the herbicides at a rate of well over what is stated on the label and that he dumped diesel fuel all over the ground. Now if the local police and health dept can not see that there was "intent" on the part of this person to do harm then I think we need a few new city and county employee's. This would be no different than me dumping 10 lbs of rat poison in a candy sack out in the street and saying, Golly, I didnt intend for those kids and animals to get into that stuff" .... You are right these poor folks have gotten the run around.

Posted by dhcc66 (anonymous) on July 26, 2008 at 9:53 p.m. (Suggest removal)

guys, if you would please read what i wrote, and what the article said. mr hayes just needs to wait for the kansas department of agriculture's investigation to conclude. they handle the investigation and prosecution of ag crimes,which i'm pretty sure this falls under because it has to do with illegal treatment of plants and illegal use of herbicides....if you don't believe me, go read their website for yourself.

it doesn't mean that mr hayes doesn't have a chance, it just means that the correct agency, which is the ks dept of agriculture, hasn't gotten all of it's results back yet. i'm sure it's like any other investigation....you have to wait for the test results. r

oh, and even if you want them to...the local cops can't handle this problem because it's not their law to enforce....it's the dept of agriculture's. relax lifegoeson...it sounds like mr hayes is being taken care of, just not as quickly as anybody would like

Posted by LifeGoesOn (anonymous) on July 26, 2008 at 10:19 p.m. (Suggest removal)

dhcc66, I'm pretty relaxed, no need for you to worry about me. The fact remains that this person, who did the damage and dumped diesel and applied herbicides, did it all with the intent of doing damage to another persons property. That is criminal damage to property, a law that local police "could have" pressed charges for. I do understand the the KDA is investigating and this will take Months, I will be waiting to see the results, My Guess, the guy will get a slap on the hand with no fines at all and Mr. Hayes and the surrounding land owners will get no satisfaction at all.

One thing we wont agree on is "it sounds like mr hayes is being taken care of,"

This has been going on for YEARS. and the local police,health dept,county commission,county attorney,KDA and KDHE cant or won't do anything about it. I guess thats nice to know in case I ever want to Poison someones property or kill their trees and gardens. As I said in an eariler post, if this had happened to an officer of the law, a commissioner or a health dept employee (Ann Mayo) you can damn sure bet it would not take years to get results.

Good Luck Mr. Hayes

Posted by truelovecharlie (anonymous) on July 26, 2008 at 11:27 p.m. (Suggest removal)

Sick Teresa Walters on the bad boy!!!!

Posted by slipandslide (anonymous) on July 27, 2008 at 1:44 a.m. (Suggest removal)

it may be better that an outside agency is handling it. the locals would just keep running him around because its not really their job.

Posted by Kendra78 (anonymous) on July 27, 2008 at 12:35 p.m. (Suggest removal)

Just an FYI....
The "mean" people that this story is focusing on haven't been interviewed, haven't had their yard tested, haven't had their side of the story told.
1st off there has NEVER been diesel fuel dumped on the property, 2ndly Mr. HAYES has not spoken with the man in question in a number of years, other 1 day when he demanded that they give him the number of their insurance company because he was going to have the insurance pay for the damages done. He has also installed cameras on his house pointed at the house in question so if the man was doing something to sabatoge his garden don't you think he would have video showing this.
Sounds to me like Mr. Hayes is paranoid and wants someone to blame. He has been after these people for a number of years because he doesn't deem them neighborly.
Everytime the man in question or his wife mowed the grass the other neighbors would call the cops because the grass would happen to fall in their yard. So yeah why not kill the grass and the weeds so that the cops wouldn't come due to grass falling on their yard. Also when these neighbors moved in they began dismantling the fence thinking it was hers and when she was informed that it wasn't she started calling the cops due to the fence being up. They have had to replace a majority due to the damages done by the neighbors, MR. HAYES has also on numerous occassions tried to set their fence on fire.
The man and his wife in question have lived in this same place for 30 years, they have rebuilt the house and tried to make it nicer and the whole time they have had no problems with any other neighbors except The HAYES's so I am sorry but it sounds to me like their trying to find a reason to get rid of them.
Mr. Hayes's burns copper in his stove and also runs a commercial business in a zoned residential area but these neighbors have NEVER complained about that.
The EPA has been there once and if it was a toxic dump waste they would have done something about it then.
There should be no reason these people should have to deal with having their privacy invaded and their name and house slandered due to a disgruntled neighbor who just thinks he owns everybody's property. Think about it how would you like to live next to someone who tells you what you can and can't do with your own piece of dirt.

Posted by jayhawker (anonymous) on July 27, 2008 at 1:42 p.m. (Suggest removal)

There are always at least two sides to every story. I second USNreitred's suggestion that the paper investigate and report its findings. USN is correct that this story, as reported, does not make a lot of sense. Although it clearly appears that the County Attorney has ruled that no crime occurred, it also seems that one or more agencies continue to look into it, thus making a prosecutorial decision premature. Help us out, Gazette, if you would.

Posted by seeya32 (anonymous) on July 27, 2008 at 2:42 p.m. (Suggest removal)

Kendra78,you are completely off base,I live fairly close to both parties and know the famalies involved very well and this is a very bad deal.Criminal damage laws should definetly be applied.It was intentional and destructive!!! And a damn shame when neighbors cant get along in our neighborhood but this is criminal.Think about it.If your neighbor did this to you,what would you do??What if you ate some of Larrys tomatoes,or better yet,your kid or mom or dad ate some of these tomatoes from some of the cancerous plants that I have seen and they got really sick,what would you do?? I hope our local leaders are able to fix this before it gets picked up by national news service and the national news will really make us look like bumpkins if we cant fix a problem like this,Good Luck to us all !!

Posted by Kendra78 (anonymous) on July 27, 2008 at 9:40 p.m. (Suggest removal)

I am also very close to both familes. I know what goes on. I grew up in that neighborhood and around all those people! I think it's a damn shame that HAYES hasn't found someone else to pick on. They got rid of the other troublesome neighbors due to HAYES not liking them. I think your wrong about criminal damage. Would you like your neighbors telling you what your allowed and not allowed to do?

Posted by LifeGoesOn (anonymous) on July 27, 2008 at 10:12 p.m. (Suggest removal)

Kendra78, If my neighbors were trying to tell me Not To Break The Law, I would think I should listen! Mr.Hayes neighbor broke the law when he sprayed his yard, he has admitted what chemicals he used and the amounts to the Kansas Board of Ag Investigator. Soil samples,leaf samples have already been taken and are being processed. Everytime it rains a nice rainbow colored residue is found coming from this guys yard, therefore suggesting diesel fuel was also used.
If you live close to both famlies, then all you have to do is LOOK at the properties in question to see the damage. I mean the guy killed his own rose bushes the herbicides were so strong not to mention trees 100's of feet down the street are affected.

Posted by seeya32 (anonymous) on July 28, 2008 at 10 a.m. (Suggest removal)

what other neighbor?? did Larry run off?? and how??. Ive know Larry for 35 plus years and I have a hard time believing this side of him.Really does not matter to me at this time,the issue is the toxic chemicals that have been improperly used and that caused the damage to the properties and especially the food that is being grown.Let me rephrase about the damage to the food,how about the POISONING of the food. There has been so much hoopla about salmonella this summer and officials have worked and worked to find a source to the contamination and here we have a party who has intenionally and purposely poisoned his crop and here is Emporia setting on their hands and not doing a damn thing,like the earlier post about directions on the herbicide that says "in violation of Federal Law" to not use this product properly.WELL ???? what the heck happened here???. MR. Torrens,maybe in your capacity of director in your job with Lyon County,maybe you should make some calls to other entities common to yours and see if there is any help available for Mr Hayes. I commend Larry for his patience and fortitude to use the legal channels,I dont know if all citizens would be so patient,especially since everyone he has contacted has said"eeets not my yob maan". This is BS

Posted by caring4u (anonymous) on July 28, 2008 at 10:54 a.m. (Suggest removal)

There have not been any soil samples taken, and for as long as I have know the "mean" couple they have had problems with these neighbors. If Hayes has cameras, where's the proof of them doing all these "horrible" things? This couple has had the cops called on them from grass blowing in the neighbors yard, to them talking to loud.

Why is it these nieghbors can get by with making this couple's life miserable?

Hayes plants have not suffered they I have seen.. still green and growing lots of produce.

When are the "mean" couple going to be interviewed and be able to tell their side?

Posted by Russ (anonymous) on July 28, 2008 at 10:56 a.m. (Suggest removal)

Hello.
My name is Russell Torrens, Lyon County Noxious Weed Director.
I have been following this story and this is what I know. Mr. Hayes came to me earlier this year with questions as to what could be done to solve a problem he was having with misuse of herbicides in his area. I went to his home and what I observed was herbicide damage to his garden, trees and vines as well as runoff of some sort of petroleum-based product coming from the adjoining property. I put Mr. Hayes in touch with Shawn Hackett, an Investigator with the Pesticide & Fertilizer Program at the Kansas Department of Agriculture in Topeka Kansas. I told Mr. Hayes at that time I have no jurisdiction or authority to be of much service to him other than putting him in contact with those who do.

Posted by netloafer (anonymous) on July 28, 2008 at 11:14 a.m. (Suggest removal)

Mr. Torrens

Your title seems to indicate some high level of authority and responsibility.

Can you give us some indication about what day to day duties your job title entails?

If Mr. Hackett with the USDA were to contact you about this situation would your response be the same as you've given us this morning?

Posted by Russ (anonymous) on July 28, 2008 at 2:07 p.m. (Suggest removal)

Netloafer
The title might indicate some high level of authority, but I assure you it's just a title. I suppose it would be somewhere along the lines of calling a janitor, a facilities maintenance technician.
To answer the first question, Here it is in it's condensed version.
I.JOB SUMMARY: This is a non-exempt position. The Director is responsible for directing the activities of the Noxious Weed Department and Household Hazardous Waste Department within Lyon County and in accordance with applicable Federal, State and County laws and regulations.
II. PRIMARY DUTIES:
A. Plan, organize and control the staff and activities of the departments.
B. Consult and cooperate with the State Division of Noxious Weed Control Director appointed for the Directors district.
C. Make annual surveys of infestations, compile date on areas eradicated and under treatment and submit reports thereof to the County Board of Commissioners and to the State Division of Noxious Weeds.
D. Survey, as assigned by K.S.B.A. property in Lyon County each year and report findings to K.S.B.A.
E. Assure the preparation of work schedules with consideration of weather influence.
F. Investigate or aid in the investigation and prosecution of any violation of noxious weed laws and regulations. A report of violations shall be forwarded to the County Attorney Office.
G. Consult and advise County officials and the public concerning matters pertaining to the most practical methods for noxious weed control and eradication and to render assistance and direction for the most effective control and eradication within the district.
H. Prepare and submit an annual weed eradication report to the State Board of Agriculture by the 15th of February each year. Submit additional reports to Board of Agriculture as may be requested.
I. Assure the control of noxious weeds on all County (approximately 1300 square miles), State (approximately 60 square miles), and private (approximately 848 square miles) right of ways and other contracted right of ways.
J. Assure the completion of all maintenance needs of the department’s equipment. Secure vendor assistance on maters beyond the scope of knowledge or ability.
K. Maintain proper inventories of pesticides, dyes, spreaders and equipment.
L. Monitor the activities regarding storage and sale of herbicides.
M. Assist in receiving and storing all hazardous waste chemicals and materials handled by the department.
N. Perform the assigned duties in segregating and bulking hazardous waste.
O. Operates all the necessary equipment in the disposal of hazardous waste. Must have knowledge of use, operation, maintenance and minor repair of all equipment employed.
P. Unloads, identifies and segregates hazardous waste at facility. Bulks oils, solvents, pesticides, paints and all other Hazardous waste

Posted by Russ (anonymous) on July 28, 2008 at 2:09 p.m. (Suggest removal)

netloafer
In response to the second question.

I was at Mr. Hays home with Mr. Hackett at the time these observations were made. So yes I would respond the same way if ask again.

If you have any further questions or comments that are not pertaining to this story ( as I have no other information about this story than I have already posted ) please feel free to contact me by phone (620) 342-4950 or come by the office at 3000 W. South Ave. I will not be in the office until Tuesday the 29th, I am using some personal leave time today to take care of a few weeds of my own on my property!

Posted by dhcc66 (anonymous) on July 28, 2008 at 2:22 p.m. (Suggest removal)

well if that doesn't answer everybodies questions about whether or not something has been done and whether somebody broke the law, then i guess the blinders are still on. thank you russ for clearing up the confusion about who has jurisdiction over this issue and whether or not mr hayes has a current case being investigated by those proper authorities.

Posted by netloafer (anonymous) on July 28, 2008 at 2:34 p.m. (Suggest removal)

Russ

Thanks. Your response helps a lot. I guess the county has given you a title, but not the authority that should go with such a title. My guess is that the compensation falls short as well.

I do have a couple of questions. Item F under your list of responsibilities reads, "Investigate or aid in the investigation and prosecution of any violation of noxious weed laws and regulations. A report of violations shall be forwarded to the County Attorney Office."

Did this case violate any of the county's noxious weed laws or regulations? Was a report forwarded to the County Attorney?

It sounds to me like Mr. Hayes is trying to get his arms around the problem, looking for a path where this resolution. From the Gazette's report it appears that Mr. Hayes and his neighbors have been taken from pillar to post and the problem still festers.

Posted by dhcc66 (anonymous) on July 28, 2008 at 4:19 p.m. (Suggest removal)

See net...you are still ignoring what is very clear to the most of the rest of us. The KBA is doing the investigation....they are not done...Russ assisted and will probably be called on if it resolves itsself in court. Russ had no authority to prosecute at the time the issue arose. The KBA does. It's all clearly stated above.

Posted by Russ (anonymous) on July 28, 2008 at 4:22 p.m. (Suggest removal)

netloafer
Unfortunately this case dos not violate any Noxious Weed laws. It could violate federal law and/or The Kansas Pesticide Law (IF) there is proof that herbicides were used in a way that is not allowed by the label. An example would be, a label might read, use one pint to the acre and it is found that 1 gal to the acre was used. Or, a label may read, do not use when the wind is over 10 mph and a person treats a area when winds speeds are in excess of 25 mph or even if a pesticide application is found to have damaged another property. Some labels are very lengthy and quite hard to understand to someone who does not deal with pesticides everyday. All I can say when applying pesticides is, read the label, read the label, read the label.
I do not know the herbicide and or chemicals used in this instance or at what rate they were used. That will be determined by the Kansas Department of Ag. This situation, understandably, has caused hardships for several people, I do believe that the right people (K.D.A.) are investigating it and it is going to take time to sort it all out.
The County Attorney has been made aware of this situation but no reports have been filed from my office. Again, no “Noxious Weed Law” has been violated. I will however be speaking with Marc Goodman this week to get a better understanding of the Kansas Pesticide Law to see if this situation is one which falls under that law.

Posted by slvrnblck (anonymous) on July 28, 2008 at 4:41 p.m. (Suggest removal)

what is the name of the guy accused of spraying the chemicals?

Posted by netloafer (anonymous) on July 28, 2008 at 5:48 p.m. (Suggest removal)

Russ

Thanks. That helps.

dhc66

Mea culpa. And here I thought I was trying to get a better understanding of the situation.Thanks for so kindly bearing with me. I probably should have asked you before I so wilfully displayed my complete lack of understanding.

I guess we all learn in life from our grevious errors.

Posted by dhcc66 (anonymous) on July 28, 2008 at 7:11 p.m. (Suggest removal)

net,

sorry also. it's not your fault, i guess there is so much mis-information in the "thread" here that it's hard to "weed" (sorry, just had to do it) out what is real and what is not. thank heaven that russ came along to fill us all in, because some of what i thought i understood was not correct either.

and thank you russ for straightening us all out. we would have probably had the editor banish us to a "fourm" after a few more rounds had you not shown up.

Posted by LifeGoesOn (anonymous) on July 28, 2008 at 7:53 p.m. (Suggest removal)

I guess I was a bit off base also, sounds like Russ answered some questions and laid to rest a few other bits of "mis-information" cant wait to see how this all turns out.

Posted by toxic_waste_habitant (anonymous) on July 28, 2008 at 9:44 p.m. (Suggest removal)

To ALL of YOU who know us WELL! This is America and we all have freedom of speech. So in answer to your questions the HORRIBLE people who live in the TOXIC DUMP are John Roberts and myself Cathy his wife I have lived here for 30 years and have no intentions of leaving my HOME for the Hayes' or the Viau's We did not dump diesel fuel in our yard now or four years ago as stated by Hayes. There is no LAW or City ORDINANCE that says you cant spray your yard the only trees that suffered any damage were the ones We had to cut down because SOMEONE would catch their roots with his plow and get the chain saw and cut off the root which was slowing his progress. my tree roots were in search of the well water,which is in Hayes back yard Consequently after many years of this abuse they DIED The fence that is missing in the front yard is the part that Hayes caught on fire when he decided to burn his yard (THIS IS ILLEGAL IN TOWN) The part in the back that has been repaired is the part that was torn down when Ms. Viau decided to cut down a tree in her yard, but WE never pressed charges. And the beautiful $1.00 Flowering Plants that you see on the north side of our fence are the ones that my HUSBAND KILLED. The problem with Hayes' garden is NEGLECT He doesn't want to do the work himself and if you don't pay the people you hire to do the work they won't come back. It also seems to me that if the TOMATOES were cancerous and poison the people who stand in the garden and eat the tomatoes and carry large sacks to their cars to take home when they leave would not keep coming back. But they do because WE have PICTURES! And the garden planted on Union Street was planted after we sprayed on May 2nd 2008. But as nobody was working in that garden either Hayes then had to spray the weeds there. You all know that is his garden too,and they all have big red ripe tomatoes falling on the ground rotting also. Sure hope he did'nt use 2-4D. Oh and Mr. Torrens when you go to take care of your own weeding better watch out for your neighbors cause you never know what people are going to say or do. And Mr. Hayes has been picking the CORN and eating it I sure hope he is O.K. So you all know the EPA was at my house one time and said they was not going to make a report because there insufficient findings. The Dept of AG. has been at my house THREE times once for Hayes' complaint once for Williams complaint and once for the Viau's complaint, and I am sure if they find anything we will be reprimanded as should be. But if they find nothing I would steak my life not a one of you Biggotted Aholes will Apologize to ME or my HUSBAND. IF any body would like to read the reports you can come by our HOME anytime because YOU ALL know where we live. And my thoughts about why all the outside agencies were called instead of the CITY is because Mr.Hayes is a retired CITY EMPLOYEE! And we all know how that goes.

Posted by toxic_waste_habitant (anonymous) on July 28, 2008 at 9:50 p.m. (Suggest removal)

Also we don't talk to any of our so called NEIGHBORS because I am sure we would be in court for disorderly conduct just like the Morgans, who just want Hayes to leave them alone too. So keep it up NEIGHBORS what GOES AROUND COMES AROUND!!!

Posted by seeya32 (anonymous) on July 28, 2008 at 11:27 p.m. (Suggest removal)

well since nobody has the balls to respond to the last bit of rederick,all I can say this is such complete bulls**t. this used to be a good neighborhood,as I have enjoyed knowing both parties,BUT!!!!,there are so many untrue facts,just drive by and look at your yard John and Kathi and look at the wilting plants and trees at your neighbors,either side or across the alley way and you friggin know what you have done. I do not give a rats f *****n ass what the lazy ass epa rep told ya or the dept of ag said,ya know it is screwed up,all you have to do is look outside. I have no idea why these neighbors are fighting the way they are. I have enjoyed Larrys produce and i have enjoyed Kathis cooking at the Sale barn but I am so sick of the bull***t that has been going on around town(Somalians,illegal immigration,Tyson ie associated with the 2 prior,higher than hell taxes, the mex kids stealing a car and killing animals at the zoo,which I heard today,there is info at Thunderbird Estates about some pets which mysteriosly died,oh gee,I guess that did not make it to the paper ,no community pride,I would like to put this town in my rear view mirror,I do not see anything improving here in any part of a near future. You would be amazed at the impressions the people from neighboring communities,small and large,what they think about pissporia,oops,emporia.Life long reident that is VERY disheartened

Posted by create (anonymous) on July 29, 2008 at 8:27 a.m. (Suggest removal)

Whew!

Posted by slipandslide (anonymous) on July 29, 2008 at 11:28 a.m. (Suggest removal)

so as the story goes the yard has been being contaminated for years, does this mean Larry has been selling tomatoes from a contaminated garden all these years?

Posted by caring4u (anonymous) on July 29, 2008 at 1:50 p.m. (Suggest removal)

Well he has sold tomotatoes as a buisness for as long as I have known this couple. In a resident area... not zoned for commercial use..anyone catching that bit of news?

I know people who have been repeat customers of his for years, with no ill effect. So really don't think there is a big problem, or else no one would be eating them.

Posted by LifeGoesOn (anonymous) on July 29, 2008 at 2:12 p.m. (Suggest removal)

I been having garage sales for years at my home, does this mean I'm running a commercial business and need a licence? Doubtful!
Caring4u, the comment you made was just silly.

I also think that if there was no herbicide damage to the plants, there would be Many More Tomotatoes Produced, ever think that may be part of the problem??

Posted by dhcc66 (anonymous) on July 29, 2008 at 4:54 p.m. (Suggest removal)

this has turned into a childish display of "i don't care how wrong i am, just look at what the other one is doing!!" can we just fence off that part of the neighborhood and make them live with each other??? i'm sick of it and i'm not posting another word here

Posted by mrbill (anonymous) on July 29, 2008 at 6:50 p.m. (Suggest removal)

boy when i go to bed i am going to say a prayer for all of you. and if the guy planted 400 plants at his home in town he must be wacko he needs to on a farm somewhere. and if you plant 22 rows of 30 plants in100 foot rows each row would produce approx. 100 pounds per row per season.on average. that is 2200 pounds at benefit of doubt $1.00 per pound that is $2200.00 per season off just those plants. and if you figure uncle sams part that would be bout 733.00 if he gets it if not that is good money. bet you dont sell that much at your yard sale. sounds to me like they are just a bunch of cry babies and nobodies gardens are very good this year.had some gardens of my own

Posted by toxic_waste_habitant (anonymous) on July 29, 2008 at 7:03 p.m. (Suggest removal)

dhcc66 cant build a fence round here unless you want to go to court. BEEN THERE done that. i like your info mrbill thanks

Posted by LifeGoesOn (anonymous) on July 29, 2008 at 9:53 p.m. (Suggest removal)

Does everybody on here believe Everything that is said? Mr. Hayes does not have 400 plants, Go Look For Yourself ! I did and from a quick count it looked liked at the most about 60 AND ALL HAD HERBICIDE DAMAGE along with several trees around the block. One guy put way to much chemical on his lawn and it damaged several differnt peoples gardens and trees, it's that simple. Who cares what else these people are complaining about what the other did. The FACT remains that damage was done and there is just one guy to blame, his name is John Roberts. Just as he has admitted in the above post, he sprayed his yard. Only problem was he didnt use the pesticide as the label stated and now he is paying for it by getting some neg press.

Posted by MelissaE (anonymous) on July 29, 2008 at 10:36 p.m. (Suggest removal)

John Roberts? LIke, Chief Justice of the Supreme Court?.....?

Anyway, humor aside, it doesn't appear as if any party is guilt-free, imo. Lots of people spray stuff that is no longer "used". Lots of people ignore statutes. I'm sure this Mr. Roberts is no different than his neighbors (because, in these instances, no one is ever 100% correct). Right now, it's just word-play online, kwim?

(And no, I have no insider knowledge, I'm just speculating).

IMO, from what I've read, not one person (or family) is right or wrong. If people are eating his produce, maybe it's not as bad as the original problem proclaimed it to be?

Melissa

Posted by supernanny (anonymous) on July 30, 2008 at 6:49 a.m. (Suggest removal)

Wow...is about all I have to say on this subject....but my concern is if the ground is toxic. Reguardless who is right and wrong, it needs to be cleaned up. Right? As a mother of small children my concern is, those people are not going to live there forever. What happens when someone with small children moves into the neighborhood and the ground is bad. And little Johnny is out playing in the dirt in the back yard? How safe is that going to be. My opinion is they did wrong, suck it up, clean it up, and move on.

Posted by glarson (Gwen Larson) on July 30, 2008 at 7:07 a.m. (Suggest removal)

Time to move it on:

http://www.emporiagazette.com/forums/ope...