FARMS FIGHT BACK: Prosperity Farms sues feds over seized tractor, shut-down bar

Prosperity Farms LLC and its partner RaisingCane NY LLC have filed a federal lawsuit against the Department of Licensing and Consumer Affairs and several police officers, claiming violations of constitutional due process rights.

The 136-page complaint filed in the District Court of the Virgin Islands centres on a September government shutdown of Prosperity Farms' bar, food-service and event operations, which the business says was carried out without proper notice or procedure. The companies allege that DLCA officials changed hearing rules without adequate notice, moved forward with a hearing without notifying them of a date change, and collected fines that exceeded statutory limits.

Among the most serious allegations: last November, officers stopped a RaisingCane tractor on a local roadway and removed its license plates and registration sticker. The lawsuit claims the seizure was made without a warrant, court order, consent or exigent circumstance, and that the tractor's registration was later cancelled without a required hearing.

The complaint also alleges that DLCA personnel contacted three supermarkets and threatened them with fines if they continued selling RaisingCane products, prompting the stores to stop stocking the items. The lawsuit argues this constituted retaliation and another due process violation.

The companies are seeking an injunction to stop DLCA from conducting hearings outside established rules, to prevent threats against their commercial partners, and to reverse the closure of their operations and the seizure of the tractor's license plates and registration. They are also requesting compensatory and punitive damages.

The dispute began when government officials shut down Prosperity Farms' operations in September, citing missing permits and approvals. The business subsequently asked the V.I. Superior Court to review and overturn a separate DLCA administrative decision, claiming due process violations in the regulatory process. That local court writ of review was stayed pending appeal by DLCA.