Alleged squatter, tenant farmer, sued

A legal tussle has flared up after a land transaction sparked the new owner to accuse a tenant of trespassing and growing crops without permission.

Darwin McKay had formerly had an ownership interest in about 40 acres of land at 3880 E. Lake Hazel Rd. in Ada County. But he gave it up before a foreclosure action on the land in January, according to a lawsuit filed in Ada County District Court May 4.

The land was eventually foreclosed upon, with ownership going to the lender, Avatar Income Fund I. Avatar sold the land to B&L Idaho 2 in March.

Now B&L is alleging that McKay and several other unnamed defendants “unlawfully entered the property, took possession, and continue to occupy the property for agricultural purposes,” according to the lawsuit.

McKay said that he had been renting the land and had already planted a winter wheat crop before B&L purchased the land. He said he just wants to harvest his crop and get out of their hair, calling the lawsuit “beyond weird.”

He said he was not planning on obtaining a lawyer, but felt is was an unequivocal right for a farmer to be able to finish his crop in a season.

The lawsuit alleges that McKay did not have B&L’s permission to be there, nor that of “B&L’s predecessor in interest.”

Jed Manwaring, B&L’s lawyer, said McKay never had a lease deal. He had proposed one in 2011, Manwaring said, but there was never any signed agreement.

Both sides met to negotiate on Wednesday and McKay said he was confident the suit would be dropped.

Manwaring said there was potential for his client to be appeased through those negotiations.

“It is likely there is going to be an agreement of some sort, we just haven’t reached it yet,” he said.

The only other named defendant, Hulet Farm Management, does not have an interest in the property.

Mike Ihli of Hulet Farm said that his company does not have any current deals with McKay and added he is puzzled why they are named in the suit.

He said Hulet Farms formerly rented some property to McKay in Owyhee County for farming, but had to evict McKay after he could not pay his rent for the second half of one year.

“Why this other company has us on the same side as Darwin, I have no idea,” Ihli said.

The lawsuit asks that the proceeds from the winter wheat be given to court for possible use as payment to B&L. The wheat is expected to be harvested in coming weeks.

It also asks for an order to have the Ada County Sheriff’s Office remove McKay from the land, and seeks $3,000 in attorney fees.