Broadcast CEO and Farmer Reap Harvest of Litigation in Land Dispute
You reap what you sow… usually. But, after planting 95-acres of land with corn, Maryland farmer Stephen Pieper has ended up with no crop other than a bitter lawsuit.
The case pits the Baltimore and Harford farmer, who leases more than 1000 acres in Baltimore County, against David Smith, CEO of Sinclair Broadcast group, a company that has grown into the nation’s largest broadcaster after launching a UHF station in Baltimore in 1971.
Smith had the 95-acres of corn plowed under, over the strenuous objections of Pieper, who has sued for $100,000 in damages, the value he puts on the destroyed crop.
The tract is part of a larger property which Smith bought in 2013. When he took ownership of the land, Smith’s contract of sale said he was buying it unencumbered by leasesbut that apparently was not true. Pieper paid the prior owner in full in 2011 for five-year lease of the land.
In a complaint filed in March 2013, Smith alleged Pieper had violated the terms of the lease by not caring for the soil properly and by failing to prevent topsoil erosion or provide samples of soil for analysis. He also accused Pieper of padlocking gates leading to the property, blocking access.
Smith says he tried to buy Pieper out of the lease and compensate him for any losses but, according to court filings, Pieper rebuffed the offer. In April 2014, Smith alleges Pieper ignored “No trespassing” signs, broke down a fence, and planted the corn crop that Smith later had destroyed. Smith claims he had no choice but to hire a contractor to remove the crop to remediate erosion and comply with Maryland’s soil conservation standards.
The 62-year old Pieper said that, in over three decades of farming on land leased from fifty different landlords, no new owner had ever destroyed his crops. Under state law, owners must usually give at least six months’ written notice to cancel a lease. It remains to be seen how the courts will interpret Pieper’s rights under the 2011 lease.
Arguments over land use and leases can become highly acrimonious. When the disagreement escalates to trespassing and property destruction, litigation may be unavoidable. If you have a serious dispute over lease, a property border, or other real estate issue, the first step should be to consult with an experienced litigation attorney. The real estate lawyers at Longman & Van Grack have handled all kinds of property disputes and can advise you on the best way to proceed, in and out of court, to get the result you seek. Call (301) 291-5027 for a free consultation.
