CHAPTER 1: THE LAWSUIT OVER 28 CHICKENS


The certified letter from the Vintner's Crest Homeowners Association arrived in my mailbox at 3:47 p.m. on a Friday afternoon in late August. I opened it on my porch with a glass of iced tea. The letter was from a law firm in Santa Rosa. It informed me, on cream letterhead, that the association had filed suit against me in Sonoma County Superior Court that morning.

The association was seeking an immediate injunction against my 28 free-range chickens, $1.8 million in damages for documented devaluation of community property values, and a court-ordered view easement over my 140 acres of horse pasture along the ridge to the west. The plaintiff of record was the Vintner's Crest HOA by its president, a woman named Mary Lou Stoll. She didn't know yet. She didn't know that my late Uncle Reginald Carrington had built her entire community in 1996.

She didn't know that the box of papers in my barn loft contained, by accident of probate, I had not yet bothered to examine, the legal title to every one of her 38 luxury homes. My name's Ellis Carrington. I'm 58 years old. I retired 2 years ago from 28 years as a 757 captain for United Airlines, where I had spent the last 17 years flying the Pacific routes out of San Francisco.



I now run a small family horse ranch and farm on 200 acres of West Sonoma County hill country, 4 miles south of the town of Healdsburg, 12 miles inland from the Pacific. My grandfather Beauregard Carrington bought this ranch in 1953 with the GI Bill savings of a Pacific Theater bombardier, and the steady 12-year encouragement of my grandmother Pearl, who had grown up on a small dairy in Vermont, and who had been wanting, since she met my grandfather in 1944, to own a piece of land of her own. They paid $42,000 for 200 acres of mixed oak, manzanita, and bunchgrass. They raised quarter horses.

They raised three sons, my father Stanton, my uncle Reginald, and my uncle Mason who died in 1969 in a Healdsburg car accident at age 22. They kept the place going for 38 years. My grandmother died in 1989, my grandfather in 1991, 6 months apart. Both of them peacefully, both of them in their sleep, both of them in the small upstairs bedroom of the original 1953 farmhouse that I am today sitting one floor below as I write this.

My father, Stanton Carrington, inherited the ranch in 1991. He was a small engine mechanic at the Healdsburg airport. He died of a stroke in 2010 at age 74. I inherited the ranch the same year and kept it going from the cockpit of a 757 by way of a young farm manager named Quill Pemberton Voss, who my father had hired in 2008 and who was still on the ranch today.

My wife Deborah is 56. She runs a small wine tasting room and gift store on the Healdsburg town square called Pearls, named for my grandmother, where she pours wine flights for tourists six afternoons a week and rolls her eyes at exactly the right rate to keep the wine industry honest. We have two children. Linnea is 32.

She is a deputy district attorney for Sonoma County prosecuting felony economic crime cases out of the Santa Rosa office. Holden is 28. He teaches high school history at Petaluma High School. He coaches the cross country team.

That is the household. I run on the ranch the following: 12 quarter horses, two beef cattle for our family freezer, a half acre of mixed vegetables that Deborah cans for the tasting room, six beehives, and 28 free-range hens of mixed breeds. The hens produce, in a good summer week, somewhere between 15 and 20 dozen eggs, which Deborah trades, sells, and gives to neighbors, friends, the volunteer fire department, and the Healdsburg High School cooking program. The hens have, since I established a small permaculture flock in 2019, lived in a movable coop on the western pasture, about 300 yards from my house.

The coop is, by my best estimate, just under a quarter mile from the nearest property line of the Vintner's Crest community to the west. Vintner's Crest is a 38-home luxury wine country estate community built between 1996 and 2004 by the development firm of my late uncle, Reginald Carrington, my father's older brother. The community sits on roughly 410 acres of former cattle pasture that my uncle bought in 1994 from the estate of an older Sonoma County family. The homes are large.

The average sale price, in current market terms, is around $3.4 million. The HOA dues are 18,000 a year. The president, since 2019, has been Mary Lou Stoll. For 4 years, Mary Lou Stoll had been writing me certified letters about my chickens.

The letters had escalated in tone and frequency from polite to officious to threatening. The first one, in 2020, had referenced, ""ambient agricultural noise concerns,"". The fourth one, in 2022, had referenced, ""documented appraisal impact,"end "of 1.4% on the nearest 12 homes. The seventh one, in late 2023, had referenced, ""escalating litigation exposure for the Carrington family,"end "if I did not, by Christmas, remove the flock.

I had, in each instance, replied politely. I had attached a copy of California Civil Code Section 3482.5. I had explained in two paragraphs that 28 free-range hens on 200 acres of agriculturally zoned land more than a quarter mile from the nearest HOA structure was not by any judicially recognized definition a nuisance. I had also, in three of the seven replies, offered Mrs. Stowell a complimentary dozen of our brown eggs as a gesture of neighborhood goodwill.

She had not in any of those three instances replied. On the last Friday in August, she filed suit. I called Linnea at her office at 4:14 p.m. Friday. She listened.

She said, "Daddy, I cannot personally handle this. Conflict of interest. County DA's office. You're my dad.

But I know the right person. Her name is Ophelia Ardmore. She is 60 years old, has a small firm in Healdsburg, and specializes in California right-to-farm cases. She has not lost one in 22 years.

I will text her tonight."Ophelia called me Saturday morning at 8:00 a.m. She had read the complaint overnight. She had also pulled the Vintner's Crest HOA's most recent annual filings from the California Secretary of State's office. "Ellis, I am driving out to your ranch in 2 hours. I want to walk the property line with you.

I want to look at the chicken coop. I want to look at the western pasture. I want to meet your wife. I will bring my own coffee."She arrived at 10:14 a.m. in a 15-year-old Subaru with a Manila folder and a leather satchel.

She walked the property line with me for an hour. She photographed the chicken coop. She measured the distance from the coop to the Vintner's Crest property line, 1,143 ft. She measured the distance from the coop to the nearest Vintner's Crest home, 1,586 ft.

She read the California right-to-farm statute aloud at the pasture gate. She did not need to look at her phone. she said when we were back on the porch with Deborah pouring her a second cup of coffee. Ellis, this case is on its face a 100% loser for the HOA. California Civil Code Section 3482.5 is the state right to farm statute.

Sonoma County is a designated agricultural preservation county. Your 200 acres are zoned RR160, which is rural residential with full agricultural permission. 28 chickens on 200 acres is not, in any imaginable legal interpretation, a nuisance. The HOA's lawsuit is a slap, a strategic lawsuit against public participation.

We are going to file an anti-slap motion under Code of Civil Procedure Section 425.16 on Monday morning. If we win the motion, which we will, the HOA pays my fees and the case is dismissed with prejudice. Ophelia, they are asking for $1.8 million in damages. Ellis, they will be the ones writing the check.

She paused. Ellis, there is something else. Your Uncle Reginald Carrington was, according to the California Secretary of State records, the original developer of Vintner's Crest. He filed the original Master Declaration of Covenants in 1996.

He sold the last lot in 2004 and dissolved his corporation in 2009. He died in 2010. Who handled his estate? I had to think for a moment.

Ophelia, my uncle had no children. He left everything to my father in 2010. My father had a small box of his papers in our barn loft. I have, in 15 years, not opened the box.

Ophelia Ardmore set down her coffee cup. She looked at me very steadily. Ellis, I would like you and me to walk out to the barn loft this morning and open the box. We went to the barn.

The box was on the the shelf of the loft behind a coil of old hay rope, where my father had set it in October of 2010, and where neither of us had touched it since. It was a sealed banker's box labeled Reginald development papers, in my father's careful pencil handwriting. I lifted it down. I carried it to the porch.

Ophelia put on her reading glasses. I opened the box. The first thing on top of the papers, sitting on top of a manila folder, was a handwritten note from my uncle Reginald to my father Stanton, dated June 11th, 2010, 4 months before my uncle's death. The note read, "Stan, I need to come down to the ranch one weekend in September.

There are some closing out papers from the Carrington Development Corporation dissolution that I want to walk you through. They are not urgent, but I want them done while my head is still clear. Love, Reggie."My uncle had not, by accident of weather and travel, made it down to the ranch in September. My father had not, in the 4 months that followed his older brother's death in October, opened the box.

He had set it on the third shelf of the barn loft, and had, perhaps, in the busy grief of those weeks, simply forgotten. He had died himself 4 years later. The box had not moved in 15 years. I sat on the porch and read my uncle's note three times.

Deborah, beside me, said, "Ellis, they were going to clean this up. He just ran out of time."I said, "Yes, Deborah, he did."Ophelia, gently said, "Ellis, let's keep reading."What we found in the box, in Ophelia's later professional language, was a quiet earthquake. The top folder was labeled Vintner's Crest Title Reservations. Inside it, in my uncle Reginald Carrington's careful 1996 typewritten hand, were 38 individual signed lot reservations.

Each one a one-page legal instrument by which the Carrington Development Corporation had reserved, at the time of each lot sale, a ""residual fee simple title interest,"end "in the underlying lot, to be transferred to the purchaser only upon the satisfaction of all conditions set forth in the master declaration of covenants and the timely payment of all sums due thereunder. The reservations had been recorded with the Sonoma County Recorder in 1996 alongside the master declaration. They had never been formally extinguished. Each of them, by their own terms, had survived the dissolution of the Carrington Development Corporation in 2009 and had passed into my uncle's personal estate.

From there, through my father's intestacy in 2010, they had passed to me. I held legal title, by recorded reservation, to every one of the 38 lots in Vintner's Crest. Ophelia Ardmore read the reservations twice. She read the master declaration twice.

She read my uncle's 2010 will. She read the chain. She said, finally, "Ellis, the HOA's chain of title to the individual lots is incomplete. Every one of the 38 homeowners holds, by recorded deed, only the equitable interest in their lot, subject to the unextinguished reservation held by the original developer.

The legal fee simple title to every lot has, since 2010, been vested in you personally."I sat on my porch in my barn boots. "Ophelia, are you telling me I own 38 $3 million houses?""Ellis, I am telling you that you hold the underlying legal fee simple title to 38 luxury homes. The homeowners hold the equitable title and have for many years. In a properly functioning chain of title, the residual reservations should have been quietly extinguished through routine quitclaim deeds at each closing.

They were not. Your uncle, by every appearance, neglected to clean up the chain after he dissolved his development company in 2009. He died the following year. The defect has been sitting in the recorded chain for 15 years.

I sat on the porch. Ophelia, what does this mean for the lawsuit Mary Lou Stoll just filed against me? Ophelia smiled the very small smile of an attorney who had been hoping I would ask that exact question. Ellis, it means we have a third converging avenue.

The HOA ensuing you under their master declarations enforcement provisions has affirmatively invoked the authority of a master declaration whose chain of title to the underlying lots is defective. By doing so, they have triggered under California Civil Code Section 4255 a mandatory disclosure of the entire title chain to all affected homeowners. When that disclosure happens, every homeowner in Vintner's Crest will learn that their $3 million home is, as a matter of recorded title, vested in a fee simple reservation held by you. I sat in my chair.

Ophelia, the homeowners will panic. Ellis, the homeowners will be briefly, deeply alarmed. We are going to give them, before they have time to panic, a clean, simple path forward. You are going to offer, by quitclaim, to extinguish every reservation for a nominal fee of $1 per lot, contingent on three conditions.

One, the HOA drops the lawsuit against you with prejudice. Two, Mary Lou Stoll resigns as president and the entire current board is dissolved by special election. Three, the HOA pays my fees and your fees in full. I sat on the porch a long minute.

Deborah, who had been standing in the kitchen doorway listening, said, "Ellis, we need to call Linnea."I called Linnea. She was, by 2:00 p.m. Saturday afternoon, on the porch with us and reading the reservations herself. She said, when she finished, "Daddy, as a deputy DA, I cannot represent you. As your daughter, I am going to tell you what I would tell you if I were not your daughter.

This is a very, very strong position. The right thing to do is to use it once and then give it back. Linnea, I agree. Ophelia nodded.

Mary Lou believed she had cornered a quiet rancher with an expensive lawsuit. She had no idea that a forgotten box in the barn loft had just placed all 38 homes in her community inside his legal reach.

>>>>>>NEXT CHAPTER 2: THE 38 HOMES IN THE BARN LOFT<<<<<<