Appellate Court Affirms Liability in North Carolina Nuisance Case

[two_bit_score]

The Fourth Circuit has ruled on a case that may have trickle down effects on even some small farmers.


Appellate Court Affirms Liability in North Carolina Nuisance Case; Smithfield Announces Settlement - Texas Agriculture Law


Settlement Reached in Smithfield Hog Farm Nuisance Suits From Neighbors - Agriculture Giants


While the defendants may have acted egregiously and may seem like large operators who can afford it, (they are certainly not sympathetic defendants) once things like this start to happen it just rolls down hill.


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[om21braz]

Having spent quite a bit of time around sprayed fields - the smell is quite horrendous at first, less with more exposure - but IMHO never unnoticeable. I would not want to live nearby, but my main question would be - who was there first? I did not see that noted within the text or I missed it.

 

[Jstpssng]

Having spent quite a bit of time around sprayed fields - the smell is quite horrendous at first, less with more exposure - but IMHO never unnoticeable. I would not want to live nearby, but my main question would be - who was there first? I did not see that noted within the text or I missed it.

My thought was the same. Apparently NC doesn't have a "Right to Farm" law.

 

[lman]

I noticed that the price of bacon went up.

 

[om21braz]

My thought was the same. Apparently NC doesn't have a "Right to Farm" law.

Not sure about that, but at one time it did have a law that prevented newer legislation from keeping a person from earning a living via what is now considered illegal.

Case in point: Judge Shoots Down Attempt to End Dogwood Invitational :: WRAL.com

 

[/pine]

So people that move or live close to airports or railroad tracks etc... will be able to force them to move because they don't like the noise ?

 

[Jstpssng]

So people that move or live close to airports or railroad tracks etc... will be able to force them to move because they don't like the noise ?

I don't know how it came out, but 30 years ago developers started putting condos on the Portland (ME) waterfront. It wasn't long before people started complaining about the noise there, and trying to pass laws preventing work except during certain hours.

 

[Tinhack]

It sure made aircraft manufacturers reduce noise levels. The military as well. I can remember when it wasn't uncommon to hear sonic booms over the big city north of here. There was a huge military presents in San Antonio--Three air force bases and two army bases. That doesn't count the international airport and several commercial and private air ports. There was a jet engine test facility also. The jet engines there could be heard 7-8 miles away. (At the house where I grew up.) People just lived with it back then. Maybe that's why I'm hard of hearing now.

 

[5030]

I spread cow manure on my fields and one is next to a house inhabited by some city folk. The complained about the smell. Told them to move back where they came from. We have RTF here and that includes manure application. Told me there were gonna call the Sherriff. Told them to go right ahead but don't be alarmed if I backed the spreader up to their front porch, opened the end gate and unloaded a full load on their front porch.

They never did. Smart on their part...................:thumbsup:

 

[user.69169]

Bet a buck de complainers moved to or build der luxurious farmett long after farmer raisin hogs in dat location.
Know a hog farmer got paid by de week by real estate salesman to not sling manure till fancy farmett got sold. Made out pretty good.

NY got real strong Ag Law in place since 50s. Farmers considered Endangered Species by Ag Dept in Albany. Want to complain, first you gotta run it by County Ag Agent to rule what you don't like isn't normal Ag practice. Complainer gets to pay farmer's lawyer too. Guys who set it in motion in 50s saw de future. Once law in place dey sold road frontage to city people to build dream houses on.

Bout 20 years back bunch of citiots got big stink goin over chicken manure spreading on fields. Dey hired lawyers & dey got on TV. County Agent drove by, applied sniff test, never got out of pickup. Talked to farmer, soon as he could get on field to plow he would, high float spreader rig left enough ruts to prove too wet to plow. Got to Court Judge looked at Ag Law de homeowners ignored and had farmer's lawyer give dem his bill. For sale signs went up on farmett houses fast.

Sorta like citiots who move next to farm for free view and get mad at farmer for workin der view. NY Law says farmer can work around clock if he wants. Little convincin and House For Sale.