Bluegrass growers amend suits

Two suits in the superior court battle over Kentucky Blue Grass production were amended Friday in Whitman County Superior Court. The amendments were filed with court orders which allowed the growers’ attorney to amend the suits to includes alleged violatons of the state’s Consumer Protecton Act. .

The court allowed the growers to amend their suits after a Jan. 3 court hearing. Spokane Attorney Richard Kuhling, who represents the growers, filed the amendments Friday.

The suits seek alleged damages against Seeds Inc. of Tekoa, Dye Seed of Pomeroy and the Scott’s Company for alleged failure to meet contract obligations on seed contracts. The amended suits now also contend the growers should collect punitive damages because of violations under the Consumer Protection Act.

The amended suit alleges the defendants violated the act by acts and omissions. One of the allegations alleges Scotts Company entered into contracts for Kentucy Blue Grass producton with the intent of dropping the contracts if the plunging market for the grass seed failed to rebound.

The amended suits do not list specific damages.

The first suit, titled Millhorn Farms Inc., includes 15 growers in the KBG production area in Whitman, Spokane and Benewah counties. It is filed against Seeds Inc. , Dye Seed of Pomeroy and the Scotts Co.

The second suit lists Brendan Arnezen of Cottonwood as the lead plaintiff. Defendants includes 38 other growers on the Camas Prairie area in Idaho. That suit names Seeds Inc and Scotts as the defendants.