Summary of a Recent
Judicial Development in
Local Food Systems

Termination from Farmers' Market
Cooperative Did Not Violate Civil Rights

Marne Coit
Research Fellow

Summary of Decision

In Randleas v. Neece, No. 00-1424-JTM, 2002 WL 226401 (D. Kan. Feb. 8, 2002), the United States District Court for the District of Kansas found that removal of plaintiffs from farmers' market did not constitute wrongful eviction, nor did it violate their civil rights and Defendants were entitled to summary judgment as a matter of law.

Background

Kansas Grown! was a corporation that was "formed to bring agricultural growers together and permit them to sell directly to consumers." Id. at *1. Kansas Grown! established a farmers' market in Sedgwick County and only members of Kansas Grown! were permitted to sell at this market. See id. at *2. In 2000 plaintiffs Pat and Elzie Randleas formed Home Grown! Kansas L.L.C., which they then enrolled for membership in Kansas Grown!. See id.

During the summer of 2000 it came to the attention of the Kansas Grown! Board of Directors (Board) that the plaintiffs were advertising the appearance of both a chef and a band at their booth. See id. After a meeting of the Board on June 17, a letter was sent to plaintiffs stating that they were authorized to sell "Kansas grown goods only" at their booth and that "no other activities are allowed." Id. Plaintiffs responded with a written statement of June 26 that they were not engaging in prohibited activities. They stated that there would not be a band, but that an individual musician "would play acoustic guitar and 'shar[e] his music and wit'" and that the chef would not be cooking but would only be giving advice on herb and vegetable use. Id. Following this exchange, the Board terminated Home Grown!'s membership in Kansas Grown! and plaintiffs brought this suit against individually named members of the Board. See id.

Analysis and Holding

The district court found that there was no valid basis for plaintiffs' claim of wrongful eviction because an "action for eviction or ejection requires deprivation of legal or equitable title in real estate." Id. at *4. The court determined that membership in Kansas Grown! did not constitute a leasehold interest, and therefore, there was no basis for a claim of eviction. See id. In addition, the court found "no evidence . . . showing all or any of the defendants acted with an intent to deprive the plaintiffs of their civil rights." Id. at *5. The court granted summary judgment to defendants on all claims.

The case was decided on February 8, 2002; this summary was posted February 12, 2008.