Go Bobby Gilbert!

Opening statements commenced today in the class action brought by Palm Beach County homeowners whose citrus trees were eradicated by the State of Florida:

The Palm Beach County case is the first of five pending lawsuits against the state -- including ones in Broward and Miami-Dade -- to go to trial over efforts to stop the spread of canker. The disease can be transferred by birds, humans and wind, makes fruit blemish and prompts it to drop prematurely. It does not harm humans but threatened the state's citrus industry.

The program to eradicate canker through the removal of citrus trees began in 1995.

''This case is about the deprivation of private property in violation of our state Constitution,'' plaintiffs' attorney Robert Gilbert said. ``Regrettably, the state refuses to accept financial responsibility.''

All citrus trees within a 1,900 foot radius of one infected with canker were ordered destroyed -- even those in yards that appeared to be healthy. About 16.5 million residential, nursery and commercial trees were destroyed statewide, including more than 800,000 from the yards of homeowners.

The program compensated residents with $100 vouchers for the first tree cut down and $55 for each tree after, but has spawned lawsuits from angry homeowners who feel that wasn't enough.

The eradication effort ended in January 2006 after state officials and the U.S. Department of Agriculture, which was helping pay for the program, determined that the state's spate of hurricanes had spread the disease beyond containment.

Gilbert said none of the trees removed from the plaintiffs' yards were infected with canker.

''All of these trees were needlessly destroyed,'' Gilbert said.

The state was set to give its opening statements Monday afternoon.

Humm. How was the class defined without an individualized inquiry into whether or not each class member met the class definition?