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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. First comment on this thread is a fitting final comment on this thread, as that the MCBA never answered Duncan's fine question, and now even Eric Holder agrees that the MCBA was in material error as to the facts: "I don't get it" from Duncan December 1, 2014 5:10 PM "The Grand Jury met for 25 days and heard 70 hours of testimony according to this article and they made a decision that no crime occurred. On what basis does the MCBA conclude that their decision was "unjust"? What special knowledge or evidence does the MCBA have that the Grand Jury hearing this matter was unaware of? The system that we as lawyers are sworn to uphold made a decision that there was insufficient proof that officer committed a crime. How can any of us say we know better what was right than the jury that actually heard all of the the evidence in this case."

  2. wow is this a bunch of bs! i know the facts!

  3. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  4. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

  5. It's a capital offense...one for you Latin scholars..

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