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Logging business' trial is delayed
By BRIDGET HALL GRUMET © St. Petersburg Times, published February 22, 2001 BROOKSVILLE -- Citrus County's year-old lawsuit against Scott Adams and Charlie Strange went to trial Wednesday, with the county asking a judge to permanently close the duo's logging and mulching business at County Road 486 unless the businessmen get a development permit. The county presented its case until mid afternoon, when Adams and Strange, who are representing themselves, asked for a continuance so they could gather more evidence for their defense. Adams said he only recently received the information about the case from Matthew Mudano, his former attorney, who withdrew last month after Adams accused him of misconduct. "For four days we stayed up straight, trying to get ready," Adams told Circuit Judge Richard Tombrink Jr., the Brooksville jurist assigned to the case after Citrus Circuit Judge Barbara Gurrola recused herself. "The whole case, it looks like, has been a mess from the beginning," Adams added. Tombrink granted the continuance and said the trial will resume when Adams is ready, although it is unclear when that will be. As long as the trial is delayed, the logging business remains closed under a temporary court order, and Strange likely will stay in jail on contempt of court charges. Strange and Adams were found in contempt Jan. 29 for violating the court order by reopening their business the previous week. Adams left the jail that evening after apologizing to the court, but Strange will remain in jail as long as he refuses to apologize. "The trouble is, I don't feel like we should have been shut down to begin with," said Strange, wearing handcuffs, shackles and a new beard to the courtroom Wednesday. The issue at hand is whether Adams' and Strange's logging business requires development permits, as the county contends, or whether it is a farm that is exempt from local permit requirements under the state's Right to Farm Act. Adams said trees grown on site, as well as trees harvested from other properties, are sorted for logs or turned into mulch at the CR 486 site. One land-clearing company, SMG Inc., used to dump large truckloads of tree parts at Adams' and Strange's site, SMG worker Russell Lee told the court Wednesday. SMG paid $80 for each load, and Lee said he saw workers salvage the trees for logs and turn the other debris into mulch for resale. Because some of the trees are grown at that CR 486 site, Adams argued, the property is a farm and is exempt from the county's permit requirements. Adams and Strange also believe the state definition of farming activities includes the processing of trees or plants, even if they are grown elsewhere. "Logging is logging, period," Strange said. "I don't care if it's on this property or that property or whatever." But county Development Services Director Gary Maidhof testified that the state's definition of farming is limited to plants or animals raised on site. As soon as trees grown one place are brought somewhere else for processing, he said, the second site becomes a business that needs permits from the county. Maidhof noted that the front part of the property is zoned for general commercial use. Any change in the general use of the property would require a development order from the county, and most specific improvements to the site would require a development permit, he said. At one point, Adams had received a conditional use permit from the county, which would have allowed him to use the site as a wood recycling center. But because Adams never satisfied the 13 conditions of the permit, such as providing a site plan and paving a driveway to the business, Maidhof said, the permit expired. Adams said he rescinded his permit application because he did not believe it was necessary. Under cross-examination, Adams challenged Maidhof's conclusions about what constituted a bona fide farm. Adams asked Maidhof where he grew up and what personal experience he had with farming, but the judge said the questions were irrelevant. Adams grew frustrated during the course of the trial, complaining several times that he would not have time to present his own witnesses. He eventually requested the continuance so he could gather more evidence.
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