Many people don't realize that the concept of sharecropping still exists.  Our office represents Junior Kundelius who provides farming services to various property owners, mostly in Washington County.  Junior doesn't currently own any farmland but his farming includes planting, maintaining and harvesting hazelnuts, Christmas trees and various other crops.

Back in 1997, Junior agreed to help an Intel engineer, who had recently bought some farmland, to work his grove of hazelnut trees.  A couple of years later, they agreed that Junior could plant a crop of Christmas trees for harvest and sale in 8 - 10 years.  As is common in these situations, the profits from the harvest and sale of both the hazelnuts and Christmas trees would be split.  As is also common in the area, there were no writings to confirm the parties' agreements.

Over the years, conflicts arose between Junior and the property owner's significant other because of the hours that Junior kept and the use of the property.  Farming requires odd hours and is very dependent upon weather conditions.  It's definately not an 8 to 5 job.  It is also very common for farmers to come visit one another and share information and equipment.  The property owner and his significant other were not used to the "ways" of rural Washington County and wanted to limit Junior's hours, as well as his overall access to the property and the ability of other farmers to come visit and help.  The conflicts increased to the point where the property kicked Junior off the property and called the police on a number of occassions.  All of this prevented Junior from being able to farm and harvest the Christmas trees.

We were retained to assist Junior in recovering the lost value of the Christmas trees, as well as unpaid amounts for his work on the hazelnut orchard.  A three day trial was conducted in Hillsboro before Senior Judge Robert Milliken.  Elizabeth Lemoine and Kevin W. Luby shared the trial duties in representing Junior.  At the conclusion of the trial, the Court ruled that the property owner had improperly barred Junior from the property and awarded him $41,782.91 in damages.