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THE CASE OF THE DUELING TULIP FARMERS -- The tulips in these two facing rows last April bloomed on neither Tulip Town nor Tulip Valley Farms property. And, as Jesus might have said about lilies: " Look at how the lilies in the field grow. They don't work or make clothes for themselves. But I tell you that even Solomon with his riches was not dressed as beautifully as one of these flowers." What lessons can farmers learn from their flowers -- lessons any of us can also learn? The tulip farms court case was dismissed Aug. 8, the day before a court hearing.
The 2023 lawsuit pitting Tulip Town against Andrew Miller's then-new across-the-road Tulip Valley Farms was dismissed Aug. 8 in Skagit County Superior Court. Tulip Town's motion was granted to have its claims dismissed without prejudice. The farm business had alleged Miller, its former partner and CEO of its parent Spinach Bus Venture Group, engaged in unlawful "duplicitous conduct" and breach of contract in starting Tulip Valley Farms.
Miller countered that the partners operating agreement allowed him to engage in "business ventures of every nature and description."
The suit was brought just days before the start of April's Tulip Festival and sought to keep Tulip Valley Farms from opening. The parties soon agreed, April 7th, to strike the pending motion for temporary restraining order and cancel the hearing on the motion.
In June 2024 the Skagit County Clerk filed a motion to dismiss the case. It had languished for a year, with no documents filed by either party, Miller's lawyer then filed a motion July 17 compelling discovery, that Tulip Town produce documents in 14 areas.
The first four were related to "www.tulipvalleyfarms.com' and or 'www..tulipvalleyfarm.com.'
To these and other requests for documents, Tulip Town objected that they were "overbroad, unduly burdensome and not reasonably calculated to lead to discovery of relevant admissible evidence." Another objection was that the defendant could readily obtain the documents
Nine days later Tulip Town's attorney filed a motion to dismiss the case without prejudice.
The Aug. 8 dismissal was signed the day before its scheduled court hearing. Each party had to pay its own costs and attorneys' fees.
Dismissal without prejudice gives Tulip Town the option to refile the case.
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