Virginia
land barons terrorize local farmer by Bonner Cohen, Ph. D., 1/8/16
Saying
their multi-year, well-documented harassment of a local farmer does not mean
they “should have to be dragged through protracted, expensive litigation to
battle a neighbor,” a powerful Virginia husband-and-wife real estate team has
put forward a novel argument in their defense: We should not be held liable for
the pain and financial loss we inflicted on our neighbor; she should suck it up
because our acts were a mere “irritation and distraction.”
The
bizarre argument made by Phil and Patricia Thomas in a brief submitted to the
Fauquier County Circuit Court is the latest twist involving the real estate duo
and farmer Martha Boneta. In a conflict that has garnered national attention,
Boneta is suing the Thomases for conspiring with the well-heeled Piedmont
Environmental Council (PEC) for engaging a decade of abuse and harassment. The
realtors and the PEC, a tax subsidized 501(c)(3) nonprofit, even entered into a
secretive Confidential Agreement to act in concert regarding the Boneta family
farm.
Boneta’s
64-acre farm is located on the edge of the Shenandoah Valley in Fauquier
County, about 55 miles west of Washington, D.C. When she purchased the property
from the PEC in July 2006, the farm was in a terrible state of disrepair, with
a tree growing in the collapsing barn and trash strewn everywhere. Determined
to realize her childhood dream of being a farmer, Boneta spent considerable
time and money rehabilitating the property, transforming it into a beautiful
working farm that it is today. But by turning a godforsaken dump into a working
farm, Boneta attracted the attention and envy of those who coveted her now
valuable land and, as subsequent events would show, were willing to go to
extraordinary lengths to drive her off her property.
According
to a suit Boneta brought against the couple, the Thomases, often colluding with
the PEC and Fauquier County officials, orchestrated many of those efforts. Long
List of Transgressions Documents uncovered through citizens, discovery and the
Freedom of Information Act (FOIA), and brought to light by investigative
journalist Kevin Mooney in The Daily Signal, reveal a pattern of relentless
harassment on the part of the defendants. Among the transgressions covered in
Boneta’s suit are: Over nearly a decade, countless letters from Phil and
Patricia Thomas were sent to the local sheriff’s department, Commonwealth’s
attorneys, zoning administrators, Virginia Department of Transportation, and
animal control wardens – all demanding that these taxpayer-funded officials
take action against Boneta. Patricia Thomas, an attorney, realtor and member of
the Virginia Bar, used her law firm’s letterhead on many of these
communications.
In one
24-hour period, Patricia Thomas called all of Boneta’s neighbors and followed
up the calls by drafting letters for them to send to county officials to make
complaints about the farmer. Aside from growing crops and engaging in other
agricultural endeavors, Boneta uses her property as an animal rescue farm,
providing a home for approximately 180 animals, including llamas, alpacas,
emus, goats, sheep, ducks, and chickens.
The
Thomases claimed that Boneta was mistreating the animals and demanded county
officials seize the creatures. They even sent a picture of an abused horse to
the county to underscore their claim. However, the photo they sent was of an
abused horse in Australia; the pic had apparently been pulled off the Internet.
A county animal control officer inspected Boneta’s farm and found that her
animals were in good health and well fed.
Peter
Schwartz, an attorney and real estate developer, a member of the PEC Board of
Directors, and an elected member of the Fauquier County Board of Supervisors,
conspired in written communications with the Thomases on how to force Boneta’s
mortgage in to foreclosure on her farm.
Schwartz
had legal and ethical reasons to recuse himself because he drafted the
conservation easement that the PEC and the Virginia Outdoors Foundation, a
state agency, jointly hold on Boneta’s farm. In 2012, Schwartz publicly disclosed
that Boneta was the subject of an IRS audit. He disclosed this information
before she and her family had been served with the audit. As it happens,
Peggy
Richardson, who was IRS commissioner under President Clinton, also sits on the
PEC Board of Directors and also is Schwartz’s neighbor and close friend.
Richardson maintains that this is a coincidence, but the audit coincided with
Boneta high-profile resistance to the actions of Fauquier County, Phil and
Patricia Thomas, and the PEC.
Documents
show that Schwartz provided Phil Thomas with his personal physical address so
that the latter could send him “a package of Boneta materials” in what the suit
alleges was an effort to shield Boneta’s personal and financial documents from
FOIA requests. Patricia Thomas sent numerous communications, again on her law
firm’s letterhead, to Boneta’s mortgage company, urging the bank to foreclose
on the Boneta farm.
Patricia
Thomas even requested to purchase Boneta’s note from the bank. These written
communications were followed up by phone calls, but the bank refused to comply.
This resulted in a series of angry communications from the Thomases, who
demanded to speak to the bank’s Board of Directors. The bank refused. Some of
these communications can be found here. A paper trail reveals the Thomases
directed their personal secretary, Rhonda Sherwood, who lives in one of the
Thomas tenant houses, to sign an affidavit that Patricia Thomas also authored,
about Boneta that was the basis for the county shutting down Boneta’s farm in
2012 when she was in full harvest. Recently, another Thomas tenant and employee
also made a complaint regarding the farmer.
The list
of transgressions against Boneta is endless, causing countless hours of time
away from farming, lost business, hardship and duress. One is struck by the
brazen attempt by the well-connected and well-to-do to use their outsized local
influence to crush a local farmer.
To the
land barons, it was time for the farmer to go – by whatever means necessary.
Phil Thomas had owned what is now Boneta’s farm before selling it to the PEC in
2000 and he now appears to have seller’s remorse. Patricia Thomas was willing
to use her law firm’s letterhead in going after Boneta, even if this brought
her in conflict with numerous sections of the Virginia State Bar and the
Virginia Board of Realtors. To the defendants, Martha Boneta’s defense of her
rights, to stop being, injured, terrorized and to protect her family farm is a
sign of her “irritation and distraction.” The Thomases are afraid to be
“dragged through protracted and expensive litigation,” but this is exactly what
Martha Boneta has had to endure for nearly a decade.. How dare the rubes stand
up to landed gentry! Small wonder that Boneta has been awarded one of America’s
most Amazing Women for her struggle that is the subject of an award-winning
documentary, “Farming in Fear.” Click to watch now. https://www.youtube.com/watch?v=8WzDSs4mmHA
https://www.youtube.com/watch?v=h7pK69i91SU
The case
will be heard January 19 before Fauquier Circuit Court Judge Jeffrey W. Parker,
many of whose decisions have been overturned by higher courts. If Judge Parker
rules against Boneta, it is certain she will appeal and prevail given the
magnitude of evidence that continues to surface. This is far from over.
Comments
UN Agenda
21 requires the federal government to drive farmers and ranchers out of
business, so that government can buy their property cheap and turn it over to
the Wilding Project. This is treason.
State
legislatures need to protect property rights from abuse by government. All States need a Boneta Bill to allow farmer
to have consumers come to their farm to buy produce. Zoning ordinances need to
be pulled back so that it doesn’t violate owners’ property rights. Conservation
easements need to be outlawed.
Norb
Leahy, Dunwoody GA Tea Party Leader
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