Two brothers in Summerland, B.C., were convicted of mischief and sentenced to probation on Tuesday in a long-simmering and bizarre dispute with their neighbour.
On Tuesday, Penticton provincial court judge Michelle Daneliuk found Bradley and Darren Besler guilty of mischief for a series of events that occurred in the summer of 2019.
The Besler’s mother owns a property located next door to What the Fungus, a mushroom farm on Garnet Valley Road.
Daneliuk said in her judgment that the dispute began when the Beslers became upset by the existence of a mushroom farm next to the property, and in particular the noxious odours.
The property is owned by Thor Clausen, who required a bylaw variance to comply with district permitting regulations to continue operating the mushroom farm.
The Beslers mounted a public campaign in the hopes of getting the variance denied, but were unsuccessful.
The animosity between the two neighbours escalated from there.
Daneliuk said evidence suggested the Besler brothers drove their trucks along the property line to create dust clouds that wafted over the mushroom farm facility, parked a truck near the fence line and blared loud rap music, and shone high beam lights into their neighbour’s home in the dark hours.
In the summer of 2019, the duo constructed a large compost heap immediately adjacent to the production area of What The Fungus, claiming they were experimenting with the production of maggots for a possible commercial venture.
“Through the heat of the summer, evidence of Crown witnesses is that they would dump raw and rotting meat and other organic matter into the box, causing the expected noxious odour,” Daneliuk said.
Daneliuk said she concluded that the maggot farm was created for no other purpose than as a “sort of a retaliatory manoeuvre to annoy and provoke the employees of What The Fungus.”
In August of that year, Clausen awoke to find several large, white crosses on the Bessler land facing his property, which had been erected in the early morning hours.
“He chose to attend the property in the very early morning hours before sunrise, under the cover of darkness, to do this, as captured by the Clausen surveillance cameras,” Daneliuk said.
“I find that these signs were constructed to provoke the occupants of the Clausen property, which they did.”
It wasn’t until after the police were notified that “no trespassing” and “private property” were written on the large signs.
The Beslers represented themselves in court and argued they never trespassed, verbally or physically threatened anyone, and did not possess or produce any weapons.
Their conduct, they claimed, was a lawful display of protest and objection to the operation of the mushroom farm on the neighbouring property.
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Daneliuk granted the Besler brothers a conditional discharge with nine months probation for mischief.
“The willful conduct of the Beslers, while not rising to the level of criminal harassment, obstructed, interrupted, and interfered with the lawful use of enjoyment or operation of the property of Thor Clausen by the occupants of that property,” she said.
What the Fungus declined an interview with Global News, but wrote on its Facebook page that justice was served.
“It has been incredibly difficult dealing with our neighbours over the past 2.5 years. We are hopeful that everyone involved can move on with their lives and find peace,” the business wrote.
“All of us at What The Fungus are so grateful for the continued support from everyone in Garnet Valley, Summerland, and throughout the Okanagan.”
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