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A tiny pest's day in court

Miami Herald – April 30, 2008

BY PHIL LONG
plong@MiamiHerald.com

The pest that has laid waste to millions of dollars worth of residential and commercial citrus fruit trees is a hot-dog-bun-shaped, slime-covered bacteria cell called xanthomonas, measuring between one- and three-thousandths of a millimeter long, a state canker expert testified in Broward court on Tuesday. ‘’It likes wet, warm conditions, which is a perfect description of the Florida outdoor environment,’’ said Tim Schubert, bureau chief of the Florida Department of Agriculture plant pathology division.

The brief biology lesson came during the closely watched civil trial that pits more than 60,000 Broward homeowners against the state of Florida. It is the first of five lawsuits by homeowners who charge that the state did not compensate them fairly for destroying their orange, lemon, grapefruit and other citrus trees following its aggressive quest to eradicate citrus canker.

The outcome of the Broward trial, though not binding in other counties, could foretell what may happen in the four other cases that involve tens of thousands of homeowners and 587,000 trees statewide. A large verdict for homeowners statewide could have a potential multimillion-dollar impact on the state’s budget.

At issue in Broward is the value of just over 133,700 trees that were cut down by the state. Homeowners believe their trees’ replacement value is worth much more than the $100 Wal-Mart garden center voucher they got for the first tree destroyed and $55 each for each of the rest of their trees taken in the unsuccessful canker eradication program.

On Tuesday, Schubert shed little light on the question at the heart of the trial: What were the trees worth?

Schubert’s testimony dealt with the Florida Department of Agriculture’s position that the trees were without value because they would have become infected and declined.

IN THE ZONE

Even though they were not infected with the disease, they were in a zone within 1,900 feet of an exposed tree. All trees in those zones had to be cut during the nearly 11-year program to halt the spread of canker northward into the state’s citrus belt.

The disease blemishes fruit, weakens the tree and reduces yield, experts say, but is harmless to humans.

Asked by Department of Agriculture attorney Russ Parsons if he believes that all trees within 1,900 feet of a visibly infected tree will become infected, Schubert said, yes with the exception of trees already sickened by another serious disease, ``but there might be a few escapes.’‘

On cross-examination by homeowners’ attorney Nancy La Vista, Shubert confirmed his earlier testimony that he believes not all trees would become infected. The issue of whether or not ‘’all’’ trees would have become infected has been a sensitive one in the case. Jurors got to see a canker-infected grapefruit with its brown lesions prominent, and they saw Key lime leaves that had canker, but the symptoms were only visible with a magnifying glass.

BORNE BY RAIN

Canker can be spread by people who brush against infected leaves or fruit then come into contact with non-infected citrus trees. It also spreads, Schubert said, by people moving infected plants from one part of the state to the other. But it travels mostly on wind-driven rain, often impacting citrus leaves with enough force to penetrate the surface of citrus tree leaves and fruit.

It snakes its way into naturally occurring holes in leaves and even faster into wounds on leaves, Schubert testified.

It divides itself once every 20 to 30 minutes.

‘’Our climate here in Florida is perfect for citrus canker to attack its host plant,’’ Schubert said.

The trial continues Wednesday and may be sent to the jury early next week.

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