Canker in the courts

Florida's battle against citrus canker is beginning to look like the 100 Years War as new cases of infection and new cases in the courts prolong the fight on both fronts.

Last year's hurricanes helped spread the disease to areas that state agriculture inspectors had cleared, forcing a new round of tree-cutting in Palm Beach County and the Treasure Coast. A 2003 law allows the state to destroy all trees within 1,900 feet of an infected one. While commercial growers have submitted to eradication, homeowners still are creating obstacles.

On April 12, Palm Beach County Circuit Judge Thomas Barkdull gave the state 15 days to show why he shouldn't bar workers from entering private yards. The regrettable order followed a motion filed by Barry Silver, a lawyer who represents several families. Attorneys for the state quickly responded by asserting the issue belongs in the 4th District Court of Appeal, not before Judge Barkdull. Also, they correctly noted that the judge already had dismissed Mr. Silver's complaints.

No legitimate argument has escaped judicial review in the past three years. Yet Mr. Silver is always ready to argue absurdities. He has represented a couple who believes that removing their trees violates the family's right under the Geneva Conventions to protect food sources during wartime, the war being in Iraq, not South Florida back yards.

The Florida Supreme Court gave homeowners some legitimate relief 10 days ago with a ruling that would allow them to go to court and seek higher values for their lost trees than the state is paying. Currently, the state compensates homeowners with a $100 voucher from Wal-Mart for the first cut tree and $55 for every other one. At least arguing about how much a tree is worth won't delay eradication, which is still the best hope for ridding the state of a disease that threatens a $9 billion industry.