Farmer Threatened By Nuisance Lawsuit Sues Back

   / Farmer Threatened By Nuisance Lawsuit Sues Back #31  
Here's the story in a nutshell...

He started a 24/7 operation. The neighbors and conservation groups felt his operation required a conditional use permit, which limits hours. The court decided the activities at his operation did not require a conditional use permit.

Nowhere in that story did I read that someone was anti-farmer. It sounds like they were concerned about the truck traffic, noise and dust from a 24/7 operation that didn't exist before they were there.

The guy that is running the 24/7 operation doesn't live there, so he isn't affected by the truck traffic, noise and dust that he himself is creating.

Correct, except they were trying to fight it saying it wasn't farming.

We had a very similar problem in my town. A farmer wanted to start a glider business. He used a field that many years before had been used as a runway for crop planes and said he was grandfathered in as a runway. The business was near housing developments and they didn't appreciate hearing the tow planes circle continuously all day every day during the weekends.
 
   / Farmer Threatened By Nuisance Lawsuit Sues Back #34  
Please show me where in the article where it says they were saying it wasn't farming....

Last month, John Gilmour prevailed in the dispute when the Oregon Court of Appeals ruled that straw-compressing operations are allowed outright on land zoned for farming.

Several neighbors and two conservation groups had argued that Gilmour’s straw-compressing facility engaged in crop processing and thus was required to obtain a conditional use permit from the county, which limited his hours of operation.

The appellate court held that such permits aren’t necessary because straw-compressing is a form of crop preparation, not processing, since “straw is unchanged in substance from when it is first baled in the field to when it is packaged for resale.”



They were trying to push the envelope of what is farming and not. From the court ruling, the making of Quaker Oats is farming. It's a fine line what is farming and what is a factory processing an agriculturer product.
 
   / Farmer Threatened By Nuisance Lawsuit Sues Back #35  
I think the real issue is the trucks up and down the road in the middle of the night . I would not be happy either .
 
   / Farmer Threatened By Nuisance Lawsuit Sues Back #36  
One of our neighbors (we have to drive by their place on the country road to get to the highway) stacked some crappy hay (not really hay, mostly weeds) near the road. It was uncovered and just rotted there. The molds trigger asthma so we had to be careful to have car air conditioning on recirc when passing by or risk asthma event. We often joke about buying the land across from them and put in a pig pen just upwind from them. They are generally poor neighbors, do whatever they want but complain if someone else does something they don't like.
 
   / Farmer Threatened By Nuisance Lawsuit Sues Back #37  
I think the real issue is the trucks up and down the road in the middle of the night . I would not be happy either .

Particularly if I was there first.

It's one thing if YOU move next to a pig farmer, it's another to have one open shop next door to you 5 years after you're living there.

Zoning can be so much fun...
 
   / Farmer Threatened By Nuisance Lawsuit Sues Back #38  
I think the real issue is the trucks up and down the road in the middle of the night . I would not be happy either .

Exactly. We have large farming operations around here. During planting and harvest they run all night, 24/7. That's a given and no one complains. However, lets say the guy starts farming gravel....
 
   / Farmer Threatened By Nuisance Lawsuit Sues Back #39  
To me here is the issue: the people there did not like how he changed his business. To them noisier, dirtier, smelled more, it did not matter. Or just loud music, drug dealer moves into house next door. The exact details matter little it comes to being courteous to others. Yet there is never a way to please every body unless you want us to stop digging coal, drilling for oil, running pipelines, raising hogs, killing cows, ie. Would it have been nice had he talked with the neighbors and considered them first yes, was he obligate to, no. Then does Wal Mart or a convenience store talk with the adjoining land owners on their plans and if the neighbors were to say of the car traffic, we do not want it say okay we will build somewhere else? Not if land is zoned for what they want, they build. Same thing he did, What I do not understand is people who move into an area and never give a bit of thought what the area around them is zoned for. They never think anyone else will ever use the land for what it is zoned for. In that case they ignored what they should have checked on and thought on first. My two cents. We had trucking company with say 30 dump trucks move in oh 1/8 mile from us. They cranked up about 4:30 to 5 AM and oh the clanging of their tailgates each morning. Did we say anything to them? No, they were zoned for that. We knew how the land was zoned before we moved here knowing there was wide allowances in the zoning for our land was zoned the same way.

While some of you are telling how sorry the man with the hay baling operation is wrong think on what happens if you find a neighbor saying your tractor is too loud that diesel sound just upsets me and you run it past dark and all that has to stop. In some areas they are winning that war. Keep giving your rights away and then do not move into my area and do the same here...to many are doing that to us already. kt
 
   / Farmer Threatened By Nuisance Lawsuit Sues Back #40  
..... What I do not understand is people who move into an area and never give a bit of thought what the area around them is zoned for. They never think anyone else will ever use the land for what it is zoned for. ....

Right there sums it up..... The neighbors and conservation groups didn't think he was zoned for that activity, so they challenged it. The court ruled against them. Again, nowhere in that article does it mention the people that filed the suit being "anti-farmer."
 

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