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."
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MAP posted-by: Matt