Appellate Court Affirms Liability in North Carolina Nuisance Case

[Jstpssng]

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've been seeing that here since the virus first came about; people would read how ICUs in their state were full, and how many extra beds we were expected to have. First it was people with summer homes on the lakes coming back. Then all summer real estate sold like hot cakes while anyplace on/near the water sells almost as soon as it's listed, for about 25% more than it would have a year ago. It put the kiboshes to my plan of owning a place on the water when I retire.


PS; Yes MossRoad, I did read the article before I posted.


PSS: Oosik, there aren't many things which stink worse than rotting potatoes. I had a bag go bad this fall and it almost drove me out of the house until I found the source. And to think that vodka used to be my favorite hard liquor...

 

[TheMan419]

Had a friend who was a horse trainer. He put up lights for his out door arena. Neighbors complained. He reminded them he was zoned AG and could start a hog operation if he wanted to. They stopped complaining. This was many moons ago before CAFO regulations became what they are today.

 

[JethroB]

A nearby large contract chicken farmer put up a 4ft x 8ft sign directly across from an upscale housing development just as the land was being cleared for it:

Notice: You have entered into a mostly agricultural zoned area engaged in the production of livestock. Inherent to such activities are the creation of odors some may find unpleasant and the attraction of insects. These byproducts cannot be confined to property lines. Please consider in any decisions you may be contemplating in the area.

:thumbsup: The developer was made well aware and discouraged early on.

 

[5030]

We've been seeing that here since the virus first came about; people would read how ICUs in their state were full, and how many extra beds we were expected to have. First it was people with summer homes on the lakes coming back. Then all summer real estate sold like hot cakes while anyplace on/near the water sells almost as soon as it's listed, for about 25% more than it would have a year ago. It put the kiboshes to my plan of owning a place on the water when I retire.


PS; Yes MossRoad, I did read the article before I posted.


PSS: Oosik, there aren't many things which stink worse than rotting potatoes. I had a bag go bad this fall and it almost drove me out of the house until I found the source. And to think that vodka used to be my favorite hard liquor...

Rotten sauce tomatoes (the culled ones) in a field that has been harvested and left in the sun to rot really smells putrid.

 

[5030]

We've been seeing that here since the virus first came about; people would read how ICUs in their state were full, and how many extra beds we were expected to have. First it was people with summer homes on the lakes coming back. Then all summer real estate sold like hot cakes while anyplace on/near the water sells almost as soon as it's listed, for about 25% more than it would have a year ago. It put the kiboshes to my plan of owning a place on the water when I retire.


PS; Yes MossRoad, I did read the article before I posted.


PSS: Oosik, there aren't many things which stink worse than rotting potatoes. I had a bag go bad this fall and it almost drove me out of the house until I found the source. And to think that vodka used to be my favorite hard liquor...

Rotten sauce tomatoes (the culled ones) in a field that has been harvested and left in the sun to rot really smells putrid.

 

[5030]

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.

No, but it only takes one rotting carcass and the wind blowing the right way to stink. Ever drive down the road in the summer and get a whiff of a rotting deer carcass on the side of the road? If you have, you'll understand.

Livestock dies, fact of life and has to be disposed of. If you want to reside in an ag area, you take the smells of agriculture in stride or stay in the city where you belong.

 

[JethroB]

Rotten sauce tomatoes (the culled ones) in a field that has been harvested and left in the sun to rot really smells putrid.

Cabbage, especially if its been harrowed in for a few days. Or a dairy farm after a good rain. Hog farmers used to say, When prices are below $xx it smells like shat. Above $xx it smells like perfume.

 

[two_bit_score]

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.

Was the Potato Waste Lagoon and the Chicken Ranch owned by the same people? On the same property?

.

 

[two_bit_score]

A nearby large contract chicken farmer put up a 4ft x 8ft sign directly across from an upscale housing development just as the land was being cleared for it:

Notice: You have entered into a mostly agricultural zoned area engaged in the production of livestock. Inherent to such activities are the creation of odors some may find unpleasant and the attraction of insects. These byproducts cannot be confined to property lines. Please consider in any decisions you may be contemplating in the area.

:thumbsup: The developer was made well aware and discouraged early on.

You left us hanging for the "rest of the Story".

Did it work? Did the development shut down or did the continue to build?

 

[JethroB]

You left us hanging for the "rest of the Story".

Did it work? Did the development shut down or did the continue to build?

The development continued on with a couple of streets, curbing, underground utilities. Maybe 40 1-2 acre lots for sale and a dozen houses actually built in 10 years or so. I suspect the sign had an impact. Its still there.