FORT LAUDERDALE Fla.
Florida owes more than $11.5 million to thousands of Broward County
homeowners whose citrus trees were chopped down during a failed effort to
control a harmful disease, a jury ruled.
The amount was far less than the plaintiffs had sought, leading attorneys for
the state Department of Agriculture and Consumer Services to declare partial
victory.
Jurors reached the verdict Tuesday in the class-action lawsuit after
deliberating for almost two days. If the state appeals, it could be months
before the more than 58,000 Broward County residents involved in the case are
paid.
The homeowners filed the lawsuit after the state cut down about 133,700
citrus trees in Florida's second-most populous county as it tried to stop the
spread of canker, then offered payments ranging from $55 and $100 for each tree
enough for small replacement saplings.
The residents' lawyer, Robert Gilbert, estimated the destroyed trees were
worth $350 to $400 apiece, or a maximum of about $50 million. He said it would
take time to determine how much each homeowner might receive under the verdict,
though he will likely appeal the compensation amount.
"This case has been about the replacement costs of the trees," he said.
"We'll continue the fight."
One of the original residents who filed the lawsuit, Robert Pearce, said he
was disappointed with the verdict. He lost two large tangerine trees.
Statewide, more than 16 million citrus trees were cut down and burned during
the 10-year, $1 billion program to eradicate canker, a disease that can be
transferred by birds, humans and wind. It makes fruits blemish and fall
prematurely, but does not harm people.
The state destroyed any residential tree within a 1,900-foot radius of an
infected tree. It gave up the effort in 2006 after concluding that a rash of
hurricanes had spread the disease beyond containment.
Broward Circuit Judge Ronald Rothschild previously ruled that homeowners were
entitled to "full compensation" for destruction of their trees, leaving it to
the jury to decide how much they should receive. Attorneys for the state argued
that meant nothing because they likely would have become infected eventually if
the state hadn't cut them down.
"The trees in the exposure zone were not healthy trees," said Wes Parsons,
who represented the agriculture department.
Jury foreman Jonathan Cowan said many panelists agreed that the trees were
likely to become infected and therefore had less value. Others thought the trees
were worth much more, he said.
"It was tough. We were very split," Cowan said. "We were able to come up with
a compromise."
The outcome of the Broward case could affect similar lawsuits pending in
Miami-Dade, Lee, Palm Beach and Orange counties, potentially exposing the state
to tens of millions of dollars in liability. A jury in Palm Beach County is
expected to take up the compensation issue this fall.
Copyright 2008 Associated Press