Best American Crime Writing 2006 - Mark Bowden [92]
Each neighbor wrote to Ames, formally declining to participate. When that didn’t end it, the neighbors banded together and hired a lawyer to challenge the fence law. They also asked their state delegate to take the matter up with the General Assembly. But the legislature declined to get involved. A lower court sided with the neighbors, but Ames appealed to the Virginia Supreme Court, and he won. Two of the justices dissented, saying that the fence law amounted to “economic favoritism” for large landowners and was “woefully lacking” in protection for their neighbors. But the majority found the law to be constitutional.
Eventually, all of Ames’s neighbors paid up, except for one. “Perry was the only one who refused to roll over and play dead,” said Brooks’s friend Paul Orlett.
Brooks’s defiance earned him some admiration around Bowling Green and surrounding Caroline County, but it would prove costly. As the fence matter and related lawsuits proceeded, Brooks and Ames went to war. There were two battlegrounds. One was the courtroom, where Ames had the upper hand. He sued Brooks to collect his $45,000, and eventually a lien was placed on Brooks’s farm. Brooks, in turn, sued Ames, claiming that Ames’s property line was in error. Down along the disputed border, a second battle was waged, with shouting, shotguns, security guards, and even a detention on the premises with handcuffs. These incidents spawned more lawsuits—Brooks sued Ames for $2 million, and Ames sued back for $8 million, each alleging trespass and claiming emotional distress.
But a top-of-the-line fence was built, at the not-modest price of $22.20 a foot (more than three times the average cost of such a barrier, according to Tommy Tabor, a Virginia fence builder who has consulted on fencing materials for experts at Virginia Tech).
John Ames’s new fence was just over five feet high, with nine strands of smooth, high-tensile wire stretched between posts sunk three feet into the ground. There were two additional strands of old-fashioned barbed wire, one of which was capable of being electrified.
High-tensile wire is made to withstand several times the amount of pressure that regular barbed wire can take. Struck head-on, by a bull or a truck, it is supposed to stretch, not break. But the new fence did not contain Perry Brooks’s bull. At least twice before, in 1994 and again in 1995, the bull got through. (Generally, farmers and fence builders say, only an electric fence is guaranteed to restrain a bull.) On its second outing, the bull mounted at least one of Ames’s purebred heifers, and Ames sued Brooks for more than $450,000, for costs and “intentional disregard” of the law. The lawsuit also alleged that Brooks had cut or damaged the fence on at least five occasions.
However relaxed some of Brooks’s neighbors were about his wandering herd, the law treats bull trespass seriously, as do cattle breeders, for whom control of the herd bloodlines is crucial. Virginia’s fence law gives those trespassed upon the right to demand a minimum of $500 for damage, board, and veterinary costs, such as testing for contagious disease. In cases of repeated trespass, the courts have allowed the aggrieved neighbor to take the offending animal to market and sell it in the name of its negligent owner.
After the second trespass, Brooks was ordered by the court to put up a $500 bond against future trespass. But the larger issues of the $45,000 for the 3,600 feet of fence, and the several-million-dollar lawsuits, were unresolved. And there were signs that everyone’s patience was fraying. In 1995, six years into the feud, an exasperated substitute judge (the local judges had recused themselves from the matter) ordered Perry Brooks to stay off Holly Hill Farm and had the old farmer put up a $2,000 bond to help enforce the ban. The judge also admonished both men. “The parties are hereby cautioned by the Court to maintain peace and order between their persons and properties,