Pubdate: Sat, 03 Aug 2013 Source: Chico Enterprise-Record (CA) Copyright: 2013 Chico Enterprise-Record Contact: http://www.chicoer.com/ Details: http://www.mapinc.org/media/861 Author: Barbara Arrigoni PROPERTY OWNERS SPEAK OUT OVER SUIT: THREE MEN NAMED IN LITIGATION OVER ALLEGED ILLEGAL GRADING FOR POT UP IN ARMS CHICO - Three men who learned Thursday they're being sued by Butte County for illegal grading are up in arms and upset. The three are among seven property owners, near Concow and east of Oroville, being sued by the county. The main issue, according to the county, is a rise in illegal grading for growing marijuana, which is causing environmental problems. Three of the cases are related to properties on Jordan Hill Road in Concow. Owners of the Jordan Hill parcels indicated they were under the belief they weren't required to get permits for the work they did on their private property. Dan Levine owns the LLL Ranch, LLC, which was listed among the lawsuits under the ranch name. Levine said in a phone call Thursday he learned about the suit from someone who read about it in the newspaper. He said the county has been discriminating against medical marijuana growers. Levine said he didn't think he needed a permit to grade the land because the work he wanted done was under a 50-cubic-yard requirement cited Wednesday by county engineer Eric Schroth. "I didn't move over 50 yards," he said. "The county has yet to show I did anything wrong." The property was red tagged in recent months, after the work was done. He didn't say when the land was graded. Levine said he submitted a plan from an engineer on May 21, but never heard back from the county. When he called later to inquire about the letter, he learned it had been received, but Schroth never saw it. He added that when he didn't receive any response to his letter, he assumed his engineer's opinion was accepted. When the ranch property was red-tagged, which he considers trespassing, Levine asked for the reason but was never given that information. "It was not a situation where a permit was necessary," he said. Levine said most of the grading he did was clearing and repairing an existing easement onto the property. "We were very careful to stick with everything that was already created," he continued. He declined to answer whether marijuana had been grown there, saying it was an unfair question. Stephen and Matthew Burgess, who live in Chico, own the other two Jordan Hill Road properties targeted by suits. Stephen Burgess bought 80 acres in June 2012. Matthew Burgess bought a separate 40 acres down the road from his brother in November 2012. Stephen Burgess said red-tag notices were placed on their properties sometime in March, after grading was done. "I bought my property because my father had a stroke a little more than a year ago, and I wanted some place nice for him to be," he said on Friday. "I never wanted to put a medical marijuana garden there." Matthew Burgess said they graded roughly an acre on each property. "Our intention is to respect and preserve the aesthetics of our property," he said. "The percentage of land we touched with a tractor is very low." The brothers said they sought advice from professional graders before doing the work, and were told they wouldn't need a permit for grading less than 10,000 yards. "We most certainly would have gotten permits if we thought they were needed," said Stephen Burgess. Matthew Burgess said it's clear there has been a change in the county's rules. "There's definitely a large change in how they're enforcing them," he continued. "The professionals we asked did not know this was going to happen and told us we did not need permits." He also rejected the county's claim property owners are illegally grading to grow marijuana. "I graded so my family could enjoy it, not for any type of agriculture," he said. One reason for needing to grade is because there is very little level ground on their properties. Stephen Burgess said the 2008 fire in Concow came through the area. The fire left a lot of dead trees and brush. "Environmentally speaking, it was (an opportunity) to do the grading with the least impact." He also pointed out when he bought his land, he inherited a lot of junk, and has done nothing but clean up the property since. "For the county to try to say it's a public nuisance is insulting because of all the work I've done in beautification," he said. He said when he found the red-tag notice, he immediately called the county. Both men indicated they're trying to work with the county, but Stephen Burgess questioned whether the county really wants to do that. "It's really a case where they'd rather take us to court than allow us to get our properties legal and do legitimate, permitted domiciles, wells, and all the things people do," he said. Matthew Burgess said it was always his intention to live on the land, and that they'd probably have wells in by now if the county hadn't posted the notices. "After first being red-tagged, then spending months unable to find out and do anything about it, and now being sued by the county, I'm beginning to regret buying anything here at all," said Matthew. "It doesn't seem like a very good place to buy and develop your own land pursuant to the American Dream." - --- MAP posted-by: Matt