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. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  2. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

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  5. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For imposing Taxes on us without our Consent: He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless [ ] Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. GOD BLESS THE GOVERNORS RESISTING! Count on the gutless judiciary to tie our children down and facilitate the swords being drawn across their throats. Wake Up America ...