Cranberry dispute

December 27, 2006 08:27 AM E-mail| |Comments ()| Text size +

FALMOUTH, Mass. -- A cranberry grower is suing the town of Falmouth, alleging officials have broken an agreement that licenses the town's 56 acres of cranberry bogs to him.

Brian Handy, whose family business has farmed the bogs for 30 years, filed the lawsuit in Barnstable Superior Court last week seeking unspecified damages and asking a judge to throw out the selectmen's decision that he had violated the agreement.

Selectmen said Handy failed to pay the town revenue on time, didn't secure a $25,000 bond and failed to make organic growing improvements to one of the bogs. They gave him until April to correct the unresolved issues.

Handy says he didn't get a fair hearing.

"Now it is out of the selectmen's hands so someone with a better sense of due process can handle it," Handy told the Cape Cod Times.

Town attorney Frank Duffy declined to comment before the town's formal response, due within 20 days.

Falmouth has debated for years whether the land should still be used to farm berries. As a result, town officials created license agreements for use of the land.

Selectmen also recently voted to seek new licensing proposals for the town land, forcing Handy to submit a new bid. The agreement would last 10 years with an option to extend it another 10 years.

"We view it as a positive step in the right direction, focusing on the agricultural viability of the bogs," said Assistant Town Administrator Heather Harper.

"It's all a matter of trust. For 30 years, I have been entrusted to go in there and do what needs to be done without all this nonsense," Handy told the Times. (AP)

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