Couple sues orchard owners over rent, living conditions
By Christopher Williams
,
Staff Writer
Friday, March 21, 2008
AUBURN - A couple who lived in Ricker Hill Orchards' worker housing in Turner are suing the apple growers, claiming their accommodations were infested with cockroaches and they were forced to pay rent they shouldn't have had to pay.
A family representing the farm disputed many of the claims in the lawsuit.
A complaint filed by Megel and Wendy McKellar of Norway in Androscoggin County Superior Court says they lived as tenants on Buckfield Road for most of a 7-year period, ending in 2004, when Megel worked at the farm.
The farm labor housing was supposed to be free, the lawsuit says. But the McKellars say Megel's pay was docked as much as $2 per hour while he, his wife and their children lived there.
When they moved into their worker housing, they were told by the U.S. Department of Agriculture that all utilities would be paid by his employer, who also was made aware of the arrangement, the suit says.
Instead, his employers required that the McKellars pay several utility charges, including heating and electricity, the suit says.
During their tenancy, housing conditions were substandard, impairing their health and safety, the suit says. Defective plumbing and electrical fixtures, lack of adequate heat, mold growth and cockroach infestations degraded their living conditions, the suit says.
By the time they moved out of the housing, they had to abandon much of their personal property due to cockroach infestation, the suit says.
The plaintiffs claim they are owed back pay for the amount that Megel McKellar's wages were garnished for rent, plus interest and penalties.
The orchard owners also owe the McKellars for the diminished value of their accommodations and damage caused by the cockroach infestation, according to the suit.
Because of contractual obligations not to charge for utilities without approval of the USDA, the orchard owners should reimburse the McKellars for the money they paid for utilities, they also say. The McKellars also claim that they suffered ill health and are due compensation from when the orchard owners allowed another tenant to use toxic pesticides to spray for cockroaches over a period of roughly nine months. Their suit says the other tenants were not properly trained in the application of the pesticides.
Although the farm owners hadn't filed a response in court, family farmer Harry Ricker said Thursday the business never charged rent on the apartment inhabited by the McKellars.
Megel and his family were expected to pay their own utility bills as provided under the terms of the government loan used to build the quarters, which includes separate heating systems for each apartment, Ricker said.
A cockroach infestation was eradicated by a professional exterminator once Ricker was made aware of the problem, he said.
"It cost us a lot to get rid of them," he said.
Ricker said the McKellars several years ago had raised some of the issues spelled out in the suit but hadn't acted on them. "We always do our best to do everything legally," he said. "We don't see where we've done anything wrong."
He said McKellar was a good worker, but he and his family didn't take good care of the apartment. |
CLICK HERE To Show/Hide Discussion Thread - (32 Comments)
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Posted By:David at March 21, 2008 7:42 AM (Suggest Removal) If the conditions were so horrible why did the McKellars stay there so long?
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Posted By:deepee at March 21, 2008 7:47 AM (Suggest Removal) you know what i do when i don't like where i'm living ? i move!
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Posted By:Linda at March 21, 2008 8:06 AM (Suggest Removal) The Rickers are good people, and hard workers themselves. They are striving to keep their orchards going in this declining economy. If the conditions were so bad, why has the couple waited 4 YEARS to file suit? Maybe their bills are piling up now and they need some instant cash, so they are going after who ever they can think of? I think the Rickers are innocent..till proven guilty...and I believe they will be innocent...
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Posted By:ojhuig at March 21, 2008 8:30 AM (Suggest Removal) ew, who lives with roaches for seven years.
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Posted By:Lucee at March 21, 2008 8:31 AM (Suggest Removal) Great points... you gotta wonder why they put up with such "deplorable" conditions for seven years, and why they waited 'til now to sue? People are so damn sue happy these days....It's sucks that the Rickers even have to pay money for an attorney to deal with this mess!
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Posted By:L at March 21, 2008 8:47 AM (Suggest Removal) Cockroaches are not a common pest in Maine and usually are "transported" via personal belonging from another location. (not to say that they came on the personal belongings of this couple, but perhaps another tenant) In the article it states "government loan to build the quarters". It sounds as if these units were/are relatively new and unfortunately tenants who live in rents don't always take care of the property as if it was their own. Best wishes to the Rickers.
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Posted By:Susan at March 21, 2008 8:51 AM (Suggest Removal) With our Sanctuary State status get ready for this to happen more! The migrant workers are feeling empowered by all the people SUPPORTING illegals in America and here in Maine. They will be flocking here as other states shut them down out with the E-Verification Sysyem. You busunesses want your cheap illegal workers, you have them NOW, enjoy all the lawsuits! Kitchen workers will be next! Especially if these guys win......
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Posted By:MICHAEL at March 21, 2008 8:57 AM (Suggest Removal) Cockroach's are a disturbing infestation. When your poor or not even not that poor, moving is an expensive thing. To say why didn't you just move borders on being bigoted.
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Posted By:???facts??? at March 21, 2008 9:50 AM (Suggest Removal) i have a couple of question and why did youlive there so long and dose this person have a history of living at the expense of others like taxpayers and such. This is the state that we are in, you can sue a person for anything. If i am correct no one forced those people to live there and they could have moved. Was there any evidence to there case or can you make acusations about people now. What is there issue, one has to wonder if there is a alter motive a work here. If this case is found to be not true the rickers should be allowed to sue them back for slander of there name they have a bussiness to protect.
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Posted By:Batson at March 21, 2008 11:23 AM (Suggest Removal) Cockroaches??? I don't think I have ever seen a cockroach in Maine. I thought it was too cold for them up here. I always thought the that in order to have cockroaches in Maine you had to bring them with you from somewhere else.
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Posted By:BEN HARRISON at March 21, 2008 11:24 AM (Suggest Removal) If you live like pigs in your own filth you will have a cock roach problem. If you keep your house/apartment/cardboard box clean without food debris everywhere then you will not have a problem. Apparently the FREE place they had to live wasent free enough!!! I hope this doesent spread to downtown Lewiston where people who havent taken the trash out since befor christmas will be sueing their landlords for pest problems!!!
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Posted By:BEN HARRISON at March 21, 2008 11:28 AM (Suggest Removal) Yah Fred we are all bigot's you my friend are captian of team moron if they cant afford to move out of a free apartment, they have much bigger problems then pests!!! Some people just suck at life they are usually partially reatarded individuals who stop going to school in the 7th grade and wonder why the world doesent hand them a good paying job and a beautiful house to live in!!
Stop crying and start trying!!!
you will never get rich off hand outs!!
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Posted By:Batson at March 21, 2008 11:32 AM (Suggest Removal) lol..It's not their fault that they haven't taken their trash out Ben. The dumpster wasn't close enough to their fifth floor apartment window.
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Posted By:No One Special at March 21, 2008 12:41 PM (Suggest Removal) Eleven years ago when I was a freshman in college my dorm in Portland had cockroaches. None of us were dirty but we were told by the exterminators that they had travelled in through the walls from the nearby tenements. That was the only time in my life I have seen a cockroach in Maine. In Florida I saw tons of "Palmetto Bugs" which in my opinion are just glorified cockroaches! They're as normal down there as a frog hopping by would be up here. Creepy.
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Posted By:BEN HARRISON at March 21, 2008 1:14 PM (Suggest Removal) Megel and Wendy McKellar of Norway I bet there current residence is a trash heap and the low life ambulance chaser who represents them should be disbared for promoting frivolous law suits!!!!
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Posted By:David at March 21, 2008 2:00 PM (Suggest Removal) Sorry I know this family well!!! Megal is a hard worker and works for everything he has!!! He doesn't believe in living off our system like others on this BLOG!!! For your information Megal had a rough life and has changed it for the better of his family!!! Yes Ricker is at FAULT and needs to be brought into the light!! They have been on this case for more than four years let it be known the media just got wind of it!!! As usual the media tells half information!!!
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Posted By:at work...you?? at March 21, 2008 2:09 PM (Suggest Removal) Boo Hoo Fred and David. Any "hard" worker that hasn't advanced at all in seven years, raises his family in filth, and then sue a hard working, honest farm family, is a loser. Boo Hoo. get a job and stop whining. Everyone has had a hard life in some fashion.
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Posted By:David at March 21, 2008 2:15 PM (Suggest Removal) GROW UP AT WORK MEGAL IS A HARD WORKER. OBVISIOUSLY HE DOESN'T HAVE TIME TO TALK ON THE GARBAGGE OF A PAGE . UNLIKE YOU WHO IS PROBABLY 300LBS. AND ON WELFARE!!!!!
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Posted By:???facts??? at March 21, 2008 2:19 PM (Suggest Removal) David
Are you taking this a little personal arent you. Are you insulting someone else in an atempt to make your self feel better, and are you sure that your not the one with time to type on the internet because your on welfare your self. Maybe????
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Posted By:BEN HARRISON at March 21, 2008 2:43 PM (Suggest Removal) I am sure after NASA laid him of the Ricker's farm was the only place he could find work!! The Rickers give him a job put a roof over the heads of him and his family and now the accomadations werent opulent enough for these pilliars of sociaty!!!
I hope my house keeper doesent sue me, then I will have to let her and her five kids live in my house and me and my wife will have to go live in their Bartlett St apartment!!! The place is a dump and I should probable pay her more!! She is teaching my kids pretty good spanish!!!
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Posted By:james at March 21, 2008 3:13 PM (Suggest Removal) you dont know these people so lay off
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Posted By:james at March 21, 2008 3:15 PM (Suggest Removal) it seems there are a lot of angry people and racist also
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Posted By:David at March 21, 2008 3:28 PM (Suggest Removal) WOW your the one probably on welfare!!! For your information I actually do have a career and no I don't live off from this poor welfare system!!! However I do have a day off and thought it would be nice to see the paper!! However once again media has given our low life society a chance to shine again. Ben I know the family you really need to stop with the rude comments. Remember what comes around goes around. This situation with this family really isn't anyones business unfortunately again the media wanted to be in the spot light. Shame on you people who can go and judge others!! Think about this maybe at the time of this situation these people had way of moving due to their circumstances!! Yes they are doing fine now but thats because Megel changed jobs and better himself!! No thanks to the Rickers!! Not that this is anyones business. You people need to stop blogging garbagge about these people. I know it will be hard but just try it, you might feel good about yourself.
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Posted By:james at March 21, 2008 3:46 PM (Suggest Removal) you tell them david
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Posted By:BEN HARRISON at March 21, 2008 4:17 PM (Suggest Removal) Yah you tell us David, Why dont homeless people just sue Maytag for not makeing warm enough cardboard boxes!!!
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Posted By:David at March 21, 2008 4:53 PM (Suggest Removal) Ben your a LOSER!!!! You are probably one of those people on welfare. Not to put others down who really need it however Ben your very judgemental towards these people!! GROW UP!!!!!!
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Posted By:A.J. at March 21, 2008 5:10 PM (Suggest Removal) im reading these blogs an laughing so hard, you people must be bored off your minds to give 2 craps about this retarded artical that clearly there was nothing going on in lewiston auburn that some journalist had to dig this crap up an get all your panties in a bunch, lol.....
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Posted By:ojhuig at March 21, 2008 5:41 PM (Suggest Removal) It's embarrassing to try to have a discussion with any of you. Pretty soon only the name-callers will be left on this blog, with your horrendous spelling and your bigoted attitudes.
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Posted By:nonya at March 21, 2008 6:48 PM (Suggest Removal) you people really need to grow up you guys call yourselves adults and your sitting there talking trash like little highschool teeny boppers...well i have one thing to say to you guys...you guys need to grow up and stop talkin trash about people you dont even kno...and foremost...its really none of you pigheaded fools business so go get jobs and go do sumthin other then sit on the computer and talk trash about people LINDA,WOW,DEEPEE,LUCEE,BEN HARRISON.....some of of you really have a the nerve and most of you are living off welfare...haha...you guys have another thing coming keep talking....
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Posted By:ojhuig at March 21, 2008 8:22 PM (Suggest Removal) And you nonya, keep your pre-conceived notions to yourself. I own a business and belong to many civic and charitable organizations, and I raised a disabled child alone, working full time with no child support. AND he was born when I was 25 years old and married. So now you know the background of people who are posting here.
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Posted By:Joy at March 22, 2008 4:43 AM (Suggest Removal) Is everyone having a moment?
I just had a cup of coffee and now after reading this, I think I will go for another one. Have a nice day.....
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Posted By:Linda at March 22, 2008 7:28 AM (Suggest Removal) WOW....I have never seen such trash on a blog! I have been reading the paper for many years, but just started resding them, and responding to a few. I try to do it in a kind, polite, respectful way, yet still state my opinion. I clicked on a statement that said "I agree to be a GOOD blogger"...did some of you miss that statement?? I truly believe in freedom of speech, but you guys take it to the far ends of the limit of what is 'freedom' and what is just plain 'rude and crude'. As to nonoya..I have had the same job, as a teacher, for 28 years...my husband has had his job for 26, and we own our own home. So guess that blows your theory of 'most of us are living on welfare' huh??
I agree with Joy...time for another coffee!!
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