Nuisance: ‘Right To Farm’ Protects Agricultural Operation Change From Corn To Hogs

Wednesday, August 14, 2013 12:00 am
 
Land Use Law Report, Volume 41, Number 8
 

A crop farm that switched to hog farming was protected by the Indiana Right to Farm Act when neighbors sued, alleging that the farm’s noxious odors created a nuisance.

Facts: In 2005, Country View Family Farms, LLC (Country View) began farming corn and beans on agricultural property in Randolph County, Indiana. The property’s previous owners had used it for agricultural purposes since 1956. In 2007, Country View converted the property into a hog farm housing 2,800 hogs. Country View’s neighbors objected to the resulting stench.

Ralph Dalzell, Sr. and other neighbors sued Country View in federal court, alleging that the hog farm was a nuisance. Country View moved for summary judgment, asserting that the nuisance claim was preempted by the Indiana Right to Farm Act. The district court agreed and granted summary judgment to Country View. Dalzell appealed to the U.S. Court of Appeals for the Seventh Circuit, which affirmed.

Analysis: All states, including Indiana, have some kind[..]

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