Appellate Court Affirms Liability in North Carolina Nuisance Case

   / Appellate Court Affirms Liability in North Carolina Nuisance Case #11  
Huh???
 
   / Appellate Court Affirms Liability in North Carolina Nuisance Case #13  
Did anyone bother to read the articles?

It's 15,000 hogs. 24/7 operation. Trucks coming and going at all hours. Dead animals kept on premises. Manure from 15,000 hogs stored in lagoons, then sprayed on fields, not injected. The "farmer" is a contract hog finisher, answers to a larger company, that is owned by a Chinese company. It's the larger company that got sued, not the "farmer". The farmer was following the practices stipulated by the larger company and was not named in the suit. Etc... etc.. etc...

They have right to farm in that state and that's also stated in the article. The suits have been ongoing since 2014. Six years. There were over 500 people that joined the suits. The larger company could have switched to better practices as stated in the suits, but chose not to.

Read the articles, it's very interesting. Split decision from the judges. Then google the farms and look at the size of some of their operations. It's huge.

On a personal note, we have friends that contract 6000 hogs at a time. They inject their manure and there's hardly any odor at all. They follow best practices.
 
   / Appellate Court Affirms Liability in North Carolina Nuisance Case #15  
Did anyone bother to read the articles?

It's 15,000 hogs. 24/7 operation. Trucks coming and going at all hours. Dead animals kept on premises. Manure from 15,000 hogs stored in lagoons, then sprayed on fields, not injected. The "farmer" is a contract hog finisher, answers to a larger company, that is owned by a Chinese company. It's the larger company that got sued, not the "farmer". The farmer was following the practices stipulated by the larger company and was not named in the suit. Etc... etc.. etc...

They have right to farm in that state and that's also stated in the article. The suits have been ongoing since 2014. Six years. There were over 500 people that joined the suits. The larger company could have switched to better practices as stated in the suits, but chose not to.

Read the articles, it's very interesting. Split decision from the judges. Then google the farms and look at the size of some of their operations. It's huge.

On a personal note, we have friends that contract 6000 hogs at a time. They inject their manure and there's hardly any odor at all. They follow best practices.

Most likely where your package pork and bacon is coming from. Smithfield is one of the largest producers in the country and yes, like a lot of things, it's Chinese owned but American operated.

I have my dead cattle on my property as well. I decomposed them here on site in a State approved containment facility. No big deal, part of animal husbandry.
 
   / Appellate Court Affirms Liability in North Carolina Nuisance Case #16  
Most likely where your package pork and bacon is coming from. Smithfield is one of the largest producers in the country and yes, like a lot of things, it's Chinese owned but American operated.

I have my dead cattle on my property as well. I decomposed them here on site in a State approved containment facility. No big deal, part of animal husbandry.

I had a Smithfield ham for Thanksgiving. It was tasty.

As for a Chinese company, but American operated, etc... the articles talked about the jury given financial details of the parent company. The defense argued that it shouldn't have been considered in determining the fines, as by telling they jury the company did two billion in sales it prejudiced the jury into thinking a larger fine would be OK VS just determining an actual fine for an actual offense. One of the judges agreed with the defense in his dissent. rad the articles. They are very interesting.

Regarding disposal of dead cattle, do you have 15,000 cattle? Can you smell them off-site in that containment facility? They weren't decomposing the carcasses on site. They were storing them for removal by another company and apparently it was smelly enough for the neighbors to complain.
 
   / Appellate Court Affirms Liability in North Carolina Nuisance Case #17  
I'm in NC ... Served on local planning & zoning board for years. Constant refrain was " I moved here for the rural character and open spaces" ..."Don't allow anyone to sell their farm to the developers ' I thought to myself ... Where were you when your little 3/4 acre plot was cut from a large farm ? Why does the state gov reduce support for the small farm operations that provide open space in the communities that's so valued by people ? If you like the open field next to you, so much, why didn't you buy the land ?

I have no sympathy for the folks moving to rural areas. I expect the great reverse migration (from cities) to accelerate with Covid and remote working.
 
   / Appellate Court Affirms Liability in North Carolina Nuisance Case
  • Thread Starter
#18  
I'm in NC ... Served on local planning & zoning board for years. Constant refrain was " I moved here for the rural character and open spaces" ..."Don't allow anyone to sell their farm to the developers ' I thought to myself ... Where were you when your little 3/4 acre plot was cut from a large farm ? Why does the state gov reduce support for the small farm operations that provide open space in the communities that's so valued by people ? If you like the open field next to you, so much, why didn't you buy the land ?

I have no sympathy for the folks moving to rural areas. I expect the great reverse migration (from cities) to accelerate with Covid and remote working.



We are seeing that more in Texas already too.
 
   / Appellate Court Affirms Liability in North Carolina Nuisance Case #19  
/pine, in New Zealand a group of "lifestylers" as they are called here bought land close and next door to a chicken farmer(small by US standards), didn't like the smell,then used the Resource Manegement Act to progressively restrict him into closure. The chicken farmer was there long before the lifestylers.
So yes, johnny - come - lately can close you down if they have deep pockets. This is only 1 example.
 
   / Appellate Court Affirms Liability in North Carolina Nuisance Case #20  
For a couple years I worked for an adjoining county. Environmental health. About ten miles out of small farming town a company had set up a large chicken raising operation. The locals were delighted to see a new person in the Environmental Health position. Maybe they could convince me to have the "chicken operation" shut down. A group of concerned citizens met with me. I promised to look into it.

Outcome. Yes - the chicken operation did have it's own unique odors. The company had done everything possible to reduce the odors. Including the use of deodorants in their waste lagoons.

However - I found that the odor that the concerned citizens were complaining about came from the potato waste lagoons. It WAS truly horrid. Further investigation showed that this operation and it's ultimate location was approved by the County board of Commissioners. Over the objections of the Environmental Health Officer - at that time.

The answer was obvious - the solution, not so much. I referred the group of concerned citizens to the County board of Commissioners.

This happened over ten years ago. As far as I know - nothing has changed. It still stinks - folks still complain.

WA state DOES have Right to Farm Act.
 

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