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Right to Farm Act bars CAFO nuisance claim, appeals court rules

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A Gibson County farmer may not bring a nuisance claim against a neighboring dairy that dramatically expanded its operations to what he called a “factory-like ‘mega-farm,’” the Indiana Court of Appeals ruled.

The panel unanimously affirmed Gibson Circuit Judge Earl G. Penrod’s grant of summary judgment in favor of the defendants in Glenn Parker, As Trustee Under the Revocable Declaration of Trust Agreement of Glenn Parker, Individually and Phyllis C. Parker, Individually v. Obert's Legacy Dairy, LLC, 26A05-1209-PL-450.  

The case pitted family interests that have owned neighboring farms in Fort Branch for generations, the Parkers farming there since the 1930s and the Oberts since the 1830s. In 2010, the Oberts began a permitted 750-cow confined animal feeding operation granted by the Indiana Department of Environmental Management that was closer to the Parkers’ residence.

The trial court granted summary judgment on the Parkers’ nuisance argument that the CAFO produced offensive odors and devalued their property. The dairy claimed Indiana’s Right to Farm Act, I.C. 32-30-6-9, bars such actions on existing farms, and the trial court agreed.

The Parkers were unable to convince the appellate judges that the conversion of former cropland to a CAFO represented “a significant change in the type of operation” that would permit a nuisance claim.

The Court of Appeals affirmed the trial court in a 12-page order. “It is clear that the Act insulates the Oberts’ expansion of their dairy farm from nuisance suits under these circumstances. In sum, we affirm the trial court’s grant of summary judgment in favor of the Dairy,” Judge Patricia Riley wrote for the court.
 

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  1. OK, now do something about this preverted anacronism

  2. William Hartley prosecutor of Wabash county constantly violates people rights. Withholds statement's, is bias towards certain people. His actions have ruined lives and families. In this county you question him or go out of town for a lawyer,he finds a way to make things worse for you. Unfair,biased and crooked.

  3. why is the State trying to play GOD? Automatic sealing of a record is immoral. People should have the right to decide how to handle a record. the state is playing GOD. I have searched for decades, then you want me to pay someone a huge price to contact my son. THIS is extortion and gestapo control. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW.

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  5. Out here in Kansas, where I now work as a government attorney, we are nearing the end of a process that could have relevance in this matter: "Senate Bill 45 would allow any adult otherwise able to possess a handgun under state and federal laws to carry that gun concealed as a matter of course without a permit. This move, commonly called constitutional carry, would elevate the state to the same club that Vermont, Arizona, Alaska and Wyoming have joined in the past generation." More reading here: http://www.guns.com/2015/03/18/kansas-house-panel-goes-all-in-on-constitutional-carry-measure/ Time to man up, Hoosiers. (And I do not mean that in a sexist way.)

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