Farmers Market prevails in kettle-corn eviction

VANCOUVER, Wash. — A jury ruled Wednesday in favor of the Vancouver Farmers Market over former kettle corn vendors who claimed they'd been wrongfully evicted in 2005 after complaining about their assigned location.

The six-person jury deliberated five hours after hearing closing arguments in Clark County Superior Court.

David Mann, a Seattle attorney for plaintiffs Donna and Randy Buchanan, argued that the mother-and-son team took a financial blow and deserved $130,000 in damages.

But Vancouver attorney Steven Turner countered that the market has the right to decide who gets to sell what.

"The market succeeds or fails on its vendors," Turner said, adding the Buchanans had a "me-first" attitude and chronically complained.

The Buchanans, owners of a 312-acre farm near the Tri-Cities, sold cherries and asparagus at the Farmers Market from 1990 to 2000, when they debuted Humdinger kettle corn. That proved a big moneymaker, with 90-percent profit margins and daily sales, on their best days, exceeding $2,000. For years they had a sweet spot near the market's entrance.

In 2005, the market temporarily moved to The Columbian parking lot due to construction on Esther Street. It reopened later that summer, and vendors were asked to submit their top three location preferences in advance to Market Master Robert Ray, who would do his best to accommodate as many as possible.

"You cannot locate 200 vendors and give everyone their first spot," Turner said during his closing.

But the Buchanans only put down one spot, at the entry.

At the same time, the market's board of directors decided they wanted vendors selling fresh produce at the entrance so customers would be greeted with fruits and greens, not sugarcoated popcorn.

"It's a farmer's market, not a carnival," Turner said.

The Buchanans were given what they deemed an unacceptable spot off the main thoroughfare, and Randy Buchanan refused to set up and complained to Ray. The following Saturday, they set up at a different location Ray had arranged, near the playground at Esther Short Park. They made $2,522.

"It was their second-best day of the year," Turner said.

At the close of the market, Ray asked the Donna Buchanan how she liked the spot.

"And what does she do? She goes ballistic," Turner said.

Buchanan argued the booth should be at the entrance. Ray told her and her son to leave and not come back.

The eviction was backed by a 9-0 vote by the market's board of directors, and another kettle corn vendor stepped up to take the Buchanans' place.

Two board members, Velma Conte and Dan Fink, watched the trial. After Judge Robert Lewis read the verdict, they said they were relieved to put the lawsuit, which was filed in 2006, behind them.