Posted July 21, 2014
An Indiana
judge issued a summary judgment this week stating that the Indiana Right
to Farm Act is constitutional and ruled in favor of farms in four different
lawsuits, according to a National Hog Farmer article available here. A recent blog post on Right to Farm is available
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here.
Judge Marianne Vorhees ruled in favor of farms
in the cases of Armstrong and Dungan vs. Gary Foulke and Maxwell Farms of
Indiana Inc.; Neudecker vs. Maxwell Farms of Indiana Inc.; Pegg vs. Maxwell
Foods; and Williams vs. Maxwell Farms of Indiana Inc. These lawsuits were
seeking damages from farms for “creating a nuisance with regards to odor,
manure management practices, and location of farms.”
In each of
the four cases, Judge Vorhees found that the plaintiffs failed to prove
negligence in the way the farms were operated and located. “Maxwell Farms is
extremely pleased to have prevailed in the recent court actions brought against
the company and some of its growers claiming swine production is a nuisance in
our community,” stated Joe Baldwin, operations manager of Maxwell Farms of
Indiana.
“This judgment is a positive victory
consistent with other victories that have upheld Indiana farmer’s right to farm
and reasonably grow their farms,” said Mark Thornburg, general counsel and
director of legal affairs for Indiana Farm Bureau.
This Right
to Farm Act protects farms using commonly accepted agricultural practices from
being considered a “nuisance in agriculturally zoned areas.” This act is recognized
by legislatures in all 50 states as the Unites States’ ability to protect its
own food, fuel and fiber production.
For more information on Right to Farm laws and for a
compilation of states’ Right to Farm statutes, please visit the National
Agricultural Law Center’s website here.
