Neighbor sues Ojai horse rescue
Nov. 20, 2012
Hannah Guzik, OVN correspondent
The California Coastal Horse Rescue organization is being sued by a neighbor who claims the nonprofit has neglected its Meiners Oaks property, causing manure smells and dust clouds “laden with E. coli” to drift next door.
Camille Sears, an atmospheric scientist and tangerine grower, is seeking emotional damages as well as compensation for the economic harm she says the dust has caused, according to the lawsuit filed Aug. 30 in the Ventura County Superior Court.
“Our tangerine trees are just coated with dust from CCHR,” Sears said Monday. “It’s easy to see where it’s coming from — we have videos and lots of photos where you can see it just billow onto our property.”
The horse rescue has called the lawsuit unfair, and an attempt to force it to close.
“Our property is legally zoned for the number of horses that we have, and we’ve always been in compliance with all zoning ordinances and agency mandates,” said Ingrid Kingaard, a founder of the rescue and CCHR board member. “We are mindful of our neighbors, and the fact that she is the only neighbor complaining is noteworthy.”
If the nonprofit group can’t raise enough money to fight the lawsuit, it might have to shut down, which would mean the end for some of the horses, she said.
“In the event we fail and we are forced to close, those horses have nowhere else to go,” Kingaard said. “At least eight of them are not adoptable because of age or special needs and will have to be euthanized.”
Cindy Murphree, director of the rescue who is also cited in the complaint, declined to comment for this story, citing legal reasons.
Sears’ attorney, Darin Marx, said he couldn’t disclose the amount of money his client would request as damages, but said, “It won’t be insubstantial.”
Sears said she tried to avoid a lawsuit and that it comes only after years of trying to get the rescue to eliminate the dust, which may impact her ability to sell her $100,000 tangerine crop this year.
“Our tangerines are very delicate and it’s not something you can wash off afterwards,” she said. “You have to make sure the fruit is clean when you pick it.”
Sears said she grows high-end tangerines, such as seedless-gold-nugget and pixie varieties, on her 8-acre property in the 500 block of West Lomita Avenue. She sells the fruit to Sunkist, Ojai’s Tangerine Man and the Ojai Pixie Growers Association, she said.
Her property, which she purchased in 1996, runs adjacent to the 9-acre rescue parcel.
Kingaard said the rescue is home to 19 standard horses and two miniatures. The rescue was founded in 2000 to care for abused, abandoned and neglected horses and moved to its current location in 2008.
According to Kingaard, the rescue has placed more than 300 horses in homes, saved hundreds of others from slaughter and helped locals continue to feed their horses during tough economic times.
“The lives of these horses are at stake,” she said in a Nov. 1 letter to supporters. “We must not abandon them. We must fight for their right to live in peace.”
Kingaard said the rescue does try to mitigate dust by watering down highly trafficked areas on the property.
Sears said the alleged problem with the dust and odors started soon after the rescue moved in. She decided to test the dust for E. coli after being diagnosed with Crohn’s disease last year, when she learned that the disease may be linked to the bacteria, she said.
“I just want to emphasize how frustrating this has been for me,” she said. “I do not want to sue the horse rescue — it was the last thing that I wanted to do, but I felt trapped.”
She is also seeking recovery of attorney’s fees, punitive damages and permanent injunctions that would prohibit the rescue from “depositing any E. coli or other harmful materials” on her property and force the nonprofit to stop any “noxious odors” or dust from drifting onto her parcel.
“I’ve always felt that they placed the horses’ well-being above mine,” Sears said. “Instead of taking care of the problem, they kept expanding and getting more horses and taking out more orchards, causing more dust.”
Marx said he expects the case to go to trial sometime next year.
In the meantime, the rescue is scrambling to raise funds to prepare a legal defense.
“We are trying to do the right thing, not for our own benefit, but for the horses, to whom we have an obligation,” Kingaard said. “For some of them, who have been abused, this is the only place they’ve ever felt safe.”
If horse manure is so toxic then why don’t people wear masks and gloves when they muck out a horses stall, pasture or paddock? WHy is it that people who do this kind of work, who are around horse manure many days a week dont come down with any illnesses? How many people come into direct contact with horse manure that don’t end up sick, they breathe the same dust that Ms Sears speaks of, they end up with it on their clothes, their hands.. their eyes and no doubt in their mouths. Still, you don’t see people taking even the smallest precautions of masks and gloves when dealing with horses.
Hey Crystal Wolf, At least Pamela has the (deleted)s to opine without having to hiding behind some sappy new age moniker…..
She hates horses: from a Ojai sanity district meeting:
Pat Baggerly, Environmental Coalition, addressed the Board questioning why the report
did not have a correct count of the number of horses in the Ojai Valley, stating it
was her understanding that this was the goal of the study. Ms. Baggerly suggested
calling the local stables as a way to identify the correct number to include in the report.
Camille Sears, 502 W. Lomita Ave, addressed the Board stating she is a long time
resident of the Ojai Valley, has degrees in atmospheric science, is a practicing meteorologist,
a member of the Ventura County Irrigated Lands Group, and a local farmer.
Ms. Sears stated that it was her opinion that an accurate head count of horses should
be attainable. Ms. Sears expressed her opinion that two-thirds of horses’ production of
nitrogen is from urine and the figures cited in the report are only based on manure.
Ms. Sears expressed her support of the District stressing to the Regional Water Quality
Control Board (RWQCB) that horses are nitrogen contributors.
http://ovnblog.com/?p=214 So she is “my way or the highway” type of person…
But farmer Camille Sears, who said she’d already pulled out 270 of her 1,300 tangerine trees and is thinking of taking out another 300 because of water costs, threatened the board with a lawsuit.
In comments to the board and a nine-page written analysis of flaws in the new rate structure, Sears detailed what she sees as legal problems with the proposal.
Sears said the district’s notice of its rate increase was so flawed that a judge would immediately strike it down. For example, she said, the district failed even in basic arithmetic, stating that its proposed increase in the base rate for homes, from $14 to $25 a month, was a $9 increase, when in fact it is an $11 increase.
And, she said, the district’s method of implementing its increase would be anything but equitable because it would punish the 33 farmers who use nearly one-quarter of the district’s water, and does not reflect the true cost of delivering water to them.
Sears said a powerful statewide taxpayers’ group, the Howard Jarvis Foundation, was ready to jump into the Meiners Oaks fight if the water agency approved its new rates.
More info would be nice. Sears stated this was the last resort. The article doesn’t state what Sears did before. Was mediation sought? How did Sears approach her neighbors? Article was lax in stating any of this.
All it stated was Sears attempted to get the problem solved. Sounds like Sears did their part in trying to resolve the situation. My guess is that the horse facilities haven’t been doing their part.
Some of the comments mentioned watering down the dust. Are the facilities watering the dust down? If not then I feel like Sears has a case here. The horse facilities should have done so (If they aren’t) it’s their responsibility to take care of their place properly.
Sally, think for a moment. Still affects Sears. That means extra costs for water/workers in order to take care of a problem that she didn’t cause. It’s unfair for the neighbor to do this. Also, “Our tangerines are very delicate and it’s not something you can wash off afterwards,” she said. Sounds like having to wash them off could damage the fruit.
Ranchhand, Ray Baura, Larry of Oakview. Listen to these people, sounds like they know the situation or at least thinking about the issue.
Don’t listen to people like Ginny. Did you not read about the damages? Guessing through the fruit this affects Sears life as well. That much cash lost, especially if it occurs year after year cannot be good for anyone and probably would lead them to financial ruin.
Becky, it doesn’t sound like this situation is the same as Friends Ranch. Sounds as if the facilities next door to the orchard aren’t doing their part in taking care of their own place. Just guessing from the story though.
She just hates horses this from 2010county of Ventura meeting: Camille Sears said that cumulative impacts
from horse boarding was not addressed, that trail heads increase horse boarding in the area, as
has occurred at the other OVLC trailheads, that each horse eliminates 20,000 pounds of nitrate
per year
****
She might be a smart person but she is a [comment deleted] person.
Toni, you kind of contradicted yourself saying it doesn’t matter who was there first and then Sears shouldn’t have bought the property next to the horses. Also the article states that Sears was there first, READ THE ARTICLE. The horse facilities should then be responsible for not affecting anyone around them.
Just because you don’t have issues with your facilities doesn’t mean others can’t. Maybe you take better care of your horses than the people in this situation? As Ray Baura stated, not all facilities are treated the same.
Well Ray, I may have missed the dates, but you missed my point. READ MY POST. It doesn’t matter if the horses were there or not when she bought her property. She bought a property in the middle of properties that are ZONED for horses. A “smart” person would understand that if the property is zoned for horses, they may actually live there one day. If you don’t want to live near horses, don’t buy in the middle of horse property.
First off to those claiming you can’t get e-coli from horses, you can from the feces which are being stomped/mixed into the dust by horses and tractors. There’s also a difference to the manure being spread on the ground and actually ON the fruit. To Another one bites the dust… It comes from feces, not meat *Facepalm*
The most common form of Transmission of ecoli is from contaminated foods and liquids. Pay attention too all the massive food recalls by the FDA.? But your right feces.,dirty ice, shaking someones hand who hasn’t washed it too. But dust and manure aside I think the big thing here will be the emotional damages, no one seems to be talking about that. Think the dust will blow away and thats what will upset the applecart. Thanks for the facepalm!!
Wow, what reputation she would have as if this litigation shuts down an animal rescue and causes the euthanizing of horses that were in rehabilitation. Animal lovers take note and follow this one closely!
Whether or not she is book smart and knowledgeable or atmospherically wise~ she has just damaged her reputation in this community and will be labeled as an animal hater and horse killer should any of these sweet horses be euthanized due to her lawsuit. Shangri La, Love Thy Neighbor, etc. This is OJai!
Gee… A Tangerine vs. a horses life
You be the judge
Camille Sears might as well “sue the wind”! How can she discern from WHICH horse Ranch is coming from and like well Sue the wind lady.
The word is out. Boycott Pixie Tangerines from Ojai valley.
http://voices.yahoo.com/is-horse-manure-trails-risk-human-health-7666518.html
Interesting article on horse manure. By the way, if it is fine for California’s certified organic growers to use horse manure on their crops (and it is), then why would it be a problem to have dry manure bits fly over in the wind??????
I looked up “Ojai Pixie Growers Association” and discovered that one of the orchards they purchase tangerines from is “Friend’s Stable and Orchard.” Friend’s is a HORSE BOARDING FACILITY as well as a tangerine orchard! Pixie Growers obviously knows that Friend’s has horses (and the dust they create) ON its property and doesn’t seem to have a problem with it. This makes it very hard to believe having horses next door would cause Ojai Pixie to not purchase tangerines from Sears.
It’s a good thought, but surely you don’t think all boarding facilities are run the same. I used to board my horse at Friend’s for five years and they are very responsible about removing the manure and watering the dust down. All things being equal, does the equine facility which has come under Ms. Sear’s scrutiny run their operation equally as well or perhaps less well and perhaps that’s why there’s a problem.
Friends ranch is responsible about removing the manure from the corrals and SPREADING it under their trees – including the pixies, which produce beautiful and delicious fruit! I boarded my horses there as well. It is a great place!
Good point Becky, but as the guy who used to move the manure under the trees there is a fine point here. There is a difference between not removing manure from your stables area and have it pulverized into dust by horses hooves which becomes airborne. At Friends we would put the manure in piles under and between the trees where it would remain in piles as offloaded. It was more stable this way. The trees were getting watered and this would cause the manure to decompose and not blow around. I would imagine this would be somewhat the same for organic gardeners but I don’t believe the commercial ones in our valley use manure to any great extent for several reasons and so it’s a moot point. Even if they did, they’d have to use decomposed manure and it would be dug in and watered down. There are boarding facilities in the valley who do not commonly remove all of their manure from the stables areas (on the other hand others are religious about it) and it gets pulverized and turned to dust with the surrounding dirt. When it rains the areas turn into manure/mud pits. Those stables (and I don’t know if the stables in question are included) are not the better run facilities even if they think they are.
Yes, exactly she just has it in for the horse rescue.
Pollution is every where. Ms Sears is probably tired of being insulted. I think she is a great lady, people don’t sue unless there’s a reason, don’t just assume because its a rescue its got clean hands and church like status.
Don’t know who was there first, but it doesn’t matter. Seems to me if Ms. Sears has a problem with horses and is so smart, she wouldn’t have purchased a lot adjacent to horse property. I love dogs, but still wouldn’t buy a home next door to a kennel or in an area zoned for kennels. Why shouldn’t she take some responsibility for her choice?
Who was there first? Also, if the horses were there first was it the same number as are there now?
One thing about lawsuits is that you have to PROVE everything in detail, have a viable basis for one and they are expensive. Ms. Sears is no lightweight when it comes to battles like this, doing research and she is no fool. If she did not approach the stables next door and give them the opportunity to remedy, then her lawsuit will be very shaky indeed. So knowing her like I do I have to say this: I don’t think she would do a thing like this if she didn’t know she had a strong case, with evidence and she wouldn’t do it if she hadn’t already had one or more attempts at remedy with the neighbors. Be open to the idea that there’s absolutely more going on and it may weigh on Ms. Sears’ side.
I absolutely agree with Ray there is allot more to this than meets the eye. Nobody spends money on extensive legal ligation without a case. And an educated person is even less likely to embark on such a quest.
I hope there will be a follow-up story addressing the questions that have been raised here.
Atmospheric scientist and farmer? Give me a break. Twenty-five years would tell her one cannot get e coli from eating hay and oats. I have been around horses my entire life; have cared for them, cleaned up after them, mucked while singing “Oh What a Beautiful Morning,” nursed them through dire illnesses…never been sick from them in my life. Furthermore, the only “noxious odor” I suspect is that which comes from this self-absorbed woman who is causing undue heartache to so many; and her actions could be lethal to innocent and loving creatures…if I never eat another tangerine, it will be too soon.
As a volunteer for the rescue, I would like to address the statement made by Ms. Sears, “Instead of taking care of the problem, they kept expanding and getting more horses and taking out more orchards, causing more dust.” First of all, the rescue does not exceed the allowed # of horses permitted on the property; the rescue director is extremely conscientious about this. Secondly, the orchards in question were removed to create open pasture land for the horses so they can be rotated in and out of their stalls periodically to roam the pasture and graze a few hours per day, not to bring in more horses as alleged.
The volunteers donate endless hours to ensure that the horses have clean stalls, fresh water, food, grooming, exercise and most importantly, love. Many of the horses have been abused and/or neglected before arriving at the rescue. If you could only experience the joy the volunteers feel when one of these magnificent animals decides to trust again after being so afraid, angry or completely shut down. The possibility that they might find their ‘forever home’ now becomes a potential reality. This rescue is not only a superb sanctuary for the horses, but a common ground for the ‘family of volunteers’ who love and care for them.
I lived across the street from the rescue for several months before I even knew they were there. I did not notice any excessive dust or smell – and the wind blows across the street, too. I saw the horses next door to the rescue and mentioned to my landlord that I like horses. She said there was a rescue, so I volunteered. I’ve been at the rescue for almost a year now. I’ve worked with the horses several days a week, for anywhere from two to six hours at a time, cleaning the stalls, grooming, feeding, etc. I have a water bottle, don’t generally stop to wash my hands every time I take a drink. Have dropped the bottle top in the dust on numerous occasions, rinse it off, goes back on. You can’t breathe in/ingest more dust and “E.-coli” than that! I’ve NEVER become ill.
I don’t speak for the rescue, just voicing my own opinions/observations. We try to be a good neighbor. Volunteers clean up after the horses at least twice a day, manure is composted and dusty areas are hosed down. I don’t understand why, if dust is a problem, the fruit can’t just be hosed down before it is picked. The dust falls right off with a little water.
It’s a tragic day when money donated to feed and care for neglected and abused horses with nowhere to go has to be wasted to defend against a lawsuit. Many of these horses are learning to trust people for the first time – which has taken countless hours of dedication from the volunteers. We do good work here. I hope our community will step up and support the rescue.
Wondering if having a fundraiser to help rescue organization is something that can legally be done.
For half my life I’ve been around horses and have been a horse owner. I’ve never become sick as a result of being in direct contact with horse manure. On the contrary, i picked manure out of their hooves, shoveled manure, fallen face first into a pile of manure, gardened with manure, I never wore gloves and I have never seen any horse owner wearing a mask and gloves which if manure was as poisonous as the tangerine grower states you would see more horse owners wearing masks and hazmat suits in the barn and in the paddocks. I think this whole thing reeks to high heaven and it isn’t the horses.
> “I just want to emphasize how frustrating this has been for me,” she said. “I do not want to sue the horse rescue — it was the last thing that I wanted to do, but I felt trapped.”
Really? So then why are you suing for emotional damages?
Because the horse owners didn’t work with her on it, the dust kept mounting on her crop and her health problems persisted…..?
You could be right here.
People that have horses on their property should take note of this impending litigation. If the outcome is in Ms. Sears favor, then there might be more lawsuits. I am going to watch this one very carefully.
I’ve met Camille briefly through farming related courses, but I never knew what other occupation she might have. Checked the Net for her CV. Whatever else some may think of her, it is clear that she has the knowledge to design an appropriate air quality sampling / analysis plan that would be admitted into evidence in court. My guess is that she already has the necessary proof to toast the rescue operation, otherwise no case would have been filed. Memo to horse rescue operation: settle quickly with offer of best practices dust control.
I agree with liz c where did she come up with E coli.? isn’t that bad meat.? and not washing your hands.? I would have thought you would have had a much higher chance of catching valley fever from disturbed soil. This really is obscure, this article barely brushes the surface of whats going on here. Why on earth did they not communicate.? If she is argricultural then she too will have dust, she also has other horse properies within vicinity of her house.
E.Coli is a bacteria that is in Everyone’s intestinal track even Camille’s!
Its obvious from all the comments this woman has a frivolous lawsuit [comment deleted] against the horse rescue for what ever reason.
Well I won’t be buying any Pixie Tangerines and that is b/c of Camille SEARS!!
e coli lives in the feces, aka; manure…
Airborne? Possibly. We breathe many things into our lungs: Oxygen, dust, vehicle exhaust, varied toxins, etc. We also ingest many toxic substances. Who knows exactly what’s in the food chain, and the effects on humans and animals alike?
Absolutely insane that a mediator couldn’t help resolve this. Why shouldn’t two entirely worthwhile operations be able to figure out a solution. How sad the farmer felt the need to sue, costing the horse rescue money they do not have laying around in order to defend themself. I think something sounds very fishy here. I have multiple horses on my property and I live next to other properties with multiple horses. I’ve been around horses for nearly 60 years. I’ve never, ever heard such silliness about horse dust.
So Sunkist, Ojai’s Tangerine man and Ojai Pixie Growers will not buy the tangerines? If the last thing she wants to do is sue then why sue? I think there should be more testing and I am sure there are places out there who would buy these tangerines. I am pretty emotional over all this myself. We are the voice and cargivers of the horses. Wash the fruit off before picking, wear gloves or do something. And the disease “may be linked…” Who knows but I have no problem buying these tangerines so why does Sunkist etc..? I am not a horse person but thumbs up to the rescue group.
Camille is an Atmospheric scientist who has been paid to testify in many trials across the USA. Growing organic fruit is just something she does. I feel bad for the horses, why could the adults in this situation not just communicate and resolve this before it hit the court room and before the used and abused horses that no one else wants have to suffer, yet again, shame on all involved.
Well it seems she no stranger in a court room and is a paid consultant and can find pollution anywhere? That she chooses too.
Interesting. Paid consultant.
I hope the judge gets a load of that.
She can find a problem anywhere, show her the money.
Camille’c crop needs to be certified organic if its not then thats a$100,000 crop according to this article. The horse rescue owns the land, looks bad for them. Both parties are zoned for their usage, how did it get this far.
This is what happens when city folks move to the country….
Another view would be this: Camille who grew up here is a farmer, so it’s two country activities (the horses and the farmer) who because of being in a semi urban area are clashing because they’re too close together. If neither of the parties involved were so close this wouldn’t be happening.
ray, adore you but camille is an atmospheric scientist. 25 years in the buisnes MS and BS. Farmer as well.
Thanks Another One Bites The Dust. I know Camille well and her capabilities and curriculum vitae. She is someone who does her homework that’s for sure.
does her homework and is a paid consultant. She can find pollution anywhere for the right price.
I really want to know how you get e coli from a non meat eating animal??? her is a link to help her on her counter case http://www.bayequest.info/static/pdf/manure.pdf
“Our tangerines are very delicate and it’s not something you can wash off afterwards,” she said. “You have to make sure the fruit is clean when you pick it.” A hose with water would surely clean the fruit before picking. I am so glad she is not my neighbor.