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June 13, 2008
Andrew Bergh: Orchard owner wins in elk invasion case
By ANDREW BERGH
Special to the Journal
Special to the Journal
Do landowners have the constitutional right to protect their property from destructive wildlife? As shown by the Case of the Marauding Elk, the answer is a definite yes.
Jerrie Vander Houwen owns cherry and apple orchards in the Tieton area of eastern Washington. During the fall of 1998 and the winter of 1999, herds of elk repeatedly migrated through a 37-acre block of cherry trees that Vander Houwen had grown in the westernmost portion of his land. The invaders gained access because the fencing, built earlier by the state Department of Fish and Wildlife to prevent damage to Vander Houwen's property, had fallen into a state of disrepair.
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Previous columns:
- Andrew Bergh: Pregnant woman wins employment bias suit, 05-16-2008
- Andrew Bergh: Student's '2 kill list' ends up in a lawsuit, 05-02-2008
- Andrew Bergh: No clear winner in fight over tree cutting, 04-11-2008
- Andrew Bergh: Suit over boxing match gets a knockout punch, 03-28-2008
- Andrew Bergh: ‘Shakespearean' wedding drama ends up in court, 03-07-2008
- Andrew Bergh: Washington skiers: Read the fine print on your ski pass, 02-08-2008
- Andrew Bergh: Sex change complicates custody battle over kids, 01-25-2008
- Court blocks doctor's Internet prescriptions, 01-04-2008