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As a subscriber you can listen to articles at work, in the car, or while you work out. Subscribe NowThe Indiana Court of Appeals will hear a case Monday involving a dispute between neighboring pork farms.
TDM Farms Inc., of North Carolina, and Dale Johnson are bringing an interlocutory appeal of the denial of their motion for summary judgment against Wilhoite Family Farm LLC. Wilhoite had sued TDM alleging nuisance, negligence and trespass after TDM intentionally introduced the Porcine Reproductive and Respiratory Syndrome – a highly contagious virus – to its hog farm in Tippecanoe County. The virus then spread to Wilhoite’s neighboring hog farm and caused significant losses.
TDM sought summary judgment on the theory that Wilhoite’s claims were either preempted by the federal Virus-Serum Toxin Act or barred by Indiana’s Right to Farm Act.
Judges Edward Najam Jr., Nancy Vaidik and Cale Bradford will hear the arguments, which begin at 1:30 p.m. in the Court of Appeals Courtroom, Statehouse Room 413.
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