Kentucky blue grass seed growers file CPU motion

Attorneys for Kentucky Blue grass seed growers in this area and on the Camas Prairie have filed motions to add a Consumer Protection Act claim against The Scott’s Co.

The motions were filed by Spokane Attorney Richard Kuhling who has represented the growers. The suits allege Scotts and the seed processing companies have failed to make payments on seed which was harvested under contracts.

Most of the court filings in the suits involve motions and responses among Scotts and the seed processors who are co-defendants in the suit.

The new motion on behalf of the growers refers to a July 28 judgment in which the court ruled all five elements which are required to pursue damage claims under the state’s Consumer Protection Act are present in the suit. Attorneys for the seed processors indicated at the hearing before the ruling that consequential damage claims could involve losses sustained by growers when they decided to contract for grass seed production instead of raising wheat.

In his motions to add a Consumer Protection Act claim on behalf of the growers, Kuhling pointed out legal arguments involving the act would not be a new topic in the civil suit because it had already been placed before court by the co-defendants.