Source: Lisa M. Keefe, MEATINGPLACE, 4/29/19



In yet another example of the clash between livestock farmers and those who say those operations are a costly nuisance that affects their daily lives, Indiana state court earlier this month upheld that state’s right-to-farm legislation in a nuisance lawsuit filed against a hog farmer in Hendricks County.

The producer, 4/9 Livestock LLC and Co-Alliance LLP, had part of their crop operations rezoned for hog production in 2013. Long-time neighbors were unhappy with the change and sued them, alleging “noxious odors that are so extreme as to greatly diminish the Plaintiffs’ quality of life, reduce their property values, and alter their daily activities,” according to court documents. The lawsuit also questioned the constitutionality of the state’s right-to-farm law.

The Indiana Court of Appeals agreed with the trial court’s ruling granting summary judgment to the hog farmer.

“The farmers did everything correctly in terms of application for zoning, … permitting. They followed all the rules and regulations and got to the point where it was time to build the building several years ago,” John Shoup, director of Indiana Agricultural Law Foundation, told Hoosier Ag Today.

The neighbors have 30 days from the date of the court of appeals opinion to petition to transfer the case to the Indiana Supreme Court.

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