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Judge rules against residents in lawsuits over hog smell

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A judge has ruled state law protects four large hog farms from lawsuits filed by residents of an eastern Indiana county who complained about waste and foul smells from their operations.

Special Judge Marianne Vorhees found that Indiana's right-to-farm law is constitutional and the residents didn't present evidence needed to allow the lawsuits to proceed against the Randolph County farms run by Goldsboro, North Carolina-based Maxwell Foods, The Star Press of Muncie reported.

The four farms all started hog production in 2007 or 2008 — and the county between Muncie and the Indiana-Ohio state line has seen its number of hogs more than triple in five years to nearly 178,000 in 2012, according the to the U.S. Department of Agriculture.

Rich Hailey, an attorney representing those who filed the lawsuits, said an appeal of the judge's ruling is likely.

"These are industrialized facilities. They are not family farms," he said. "The uncontroverted truth is all the plaintiffs were living in those areas first (before the hog operations). Many had owned these properties for generations. These are people who grew up in the country. One day they looked out and had 4,000 to 8,000 hogs putting out 3 million gallons of untreated waste."

The lawsuits accuse Maxwell and other defendants of allowing hog waste to accumulate and "noxious fumes and odors to discharge from and be sensed beyond the boundaries of their property."

Indiana's right-to-farm law protects the rights of farmers to use "generally accepted" practices, including "the use of ever-changing technology."

Vorhees ruled that the law covered Maxwell Foods since the properties had been used continuously as farms since at least the 1950s and that a switch from crop production to hog production "does not constitute a significant change."

Vorhees called the suit can proceed, "only if they produce evidence that defendants were negligent, and defendants' negligence was the cause of the odors," Vorhees wrote, adding that the residents admitted they had no such evidence.

Joe Baldwin, operations manager for Maxwell Farms, said its operations are common among Midwestern hog producers.

"We find it unfortunate that a few individuals have attempted to discredit our industry despite the fact that Maxwell Farms maintains an excellent environmental record in the state of Indiana and establishes high standards that our contract grower families are expected to meet," he said in a statement.

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  • Hogs = Corn?
    "...a switch from crop production to hog production "does not constitute a significant change."??? REALLY?!?! Any judge that cannot see a significant difference between a plant and an animal needs to find another line of work.

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  1. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  2. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  3. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  4. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  5. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

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