Neighbors Sue for Horse Manure Pile Smell

[riptides]

I have no problem with the mennonite/amish using their horses on the roads because they are farming.

I do take issue to people riding their pet horses on the roads.

People have to clean up their dog sh*t out in public spaces but somehow it's ok for people to take their pet horses down the road and leave their sh*t everywhere?

Pet horse "farms" are no different than a dog kennel these days and shouldn't be allowed to be called farms...unless you raise the horses for meat production.

Pet horse "farms"?

Horses can be a hobby or a business. I never really heard someone claim a horse as a pet.

Farms around here are zoned ag. Usually a business venture.

 

[2manyrocks]

If the horse operations were established and operating when the plaintiff's bought their properties and moved next door, there is the defense that they knew it was there and chose to move to the nuisance. I can't choose to move next door to you and say your manure pile is a nuisance. That's on them and it looks me like they are trying to get around this by claiming you shut down and then started back up.

It would be a different situation if the plaintiff's already owned their property and then the horse manure started.

Plaintiff's lawyer will likely ask to get your emails and internet postings as part of discovery.

Be careful about what you write because the plaintiff's lawyer is looking for a way to nail you. Don't call them directly. Let your attorney deal with it.

 

[goddom]

Neighbors can certainly ruin your day ! Locally we have a compost company that drops off a roll off dumpster and picks it up when full to use in their compost. Might be worth looking into.
Kind of thing that would make you want to sell out... maybe to the Hells Angels for a national headquarters !

LOL, that would be hilarious!

There used to be a guy who picked up for compost for free. And the previous owner was able to take advantage of that for a while. We have looked, but couldn't find anyone taking the manure for compost. We get a fair number of people who have large food plots that love our manure. So thats been pretty handy.

 

[scootr]

My neighbor has 25 horses. The manure pile gets pretty big and breeds a lot of flies. Annually they get a farmer to come haul it away for fertilizer. Once in awhile it will get bad and the flies will get thick even over at our place. Large piles of manure are not a good management plan in my opinion. But I don't complain. It was worse when that property had goats and sheep on it. On a wet morning that stench would bring a tear to your eye.

 

[Dftodd]

I am being sued by my absentee adjoining landowner for $220,000 so I feel ya.... They claim our Great Pyrenees are a nuisance and trespassing, and have caused property damage.. even though there is no leash in law in the county they are claiming as if there was. We are in the Discovery phase right now.

Your still responsible for any damages your pooch does, whether there is a leash law or not. Be glad they are taking you to court. They could have done the 3S.

Our county passed a animal ordinance. Basically saying if your animal is off your property, you need to be within 100ft of said animal and it needs to be under your control.

Ordinance also states that the owner is 100% responsible anything your animal does.

As well as outlining penalties for aggressive animals.

 

[goddom]

My neighbor has 25 horses. The manure pile gets pretty big and breeds a lot of flies. Annually they get a farmer to come haul it away for fertilizer. Once in awhile it will get bad and the flies will get thick even over at our place. Large piles of manure are not a good management plan in my opinion. But I don't complain. It was worse when that property had goats and sheep on it. On a wet morning that stench would bring a tear to your eye.

We don't pile it indefinitely, we give it away and spread and we put out lots of fly traps to help keep the fly populations down. Flies aren't good for anyone - people or horses.

 

[2manyrocks]

My neighbor used to keep horses when he was alive. He spread horse manure on my Mother's garden early in the spring and then turned it under for her with his tractor. She always had a terrific garden.

 

[ROUSTABOUT]

You just need to break them from sucking eggs.

 

[scootr]

You just need to break them from sucking eggs.

How do you propose he do that?

 

[kthompson]

I live in area much like you. When we moved here in 2000 I would look to see whose tractor was coming by, sadly I know it is the last farmer in our area. In last four years I have one that doubt has 50 hours on it. We are zone agriculture but also have been told by a farmer if I ever want animals get them on there as soon as possible. The 80-acre pasture beside me when we moved is not zoned for residential and no longer ag.

That being said, hope you have attorney who knows the laws and rules on this issue. The best outcome for you is the judge throws it out or even better they loose and must pay you. However, even if you win in court your problem neighbor will most likely remain a problem neighbor.

About 5 years ago was hit by a transplant for big city making illegal pass. I was charged as was making a left turn and was blocking his ability to make the illegal pass. My friend who is a great attorney told me go to court, have jury trial and you will win. Well by then my farm insurance policy has written him check for his pickup repair and I forgot it as he would just been a big mouth complaining about me in our area. I am very much of the opinion a jury is more likely to have a least one honorable and wise person than a single judge will be.

But you know donkeys are great animals. Have a great voice early in the morning. Make good guard animals for such as sheep. One or two are amazing, don't need many. No doubt you know there are seeing eye and other legal service uses and those are protected by many Federal and State Laws. Are you aware there are also service horses? All kinds of animals are used as service animals. This link may surprise you. Register My Service Animal Online - Service, ESA, & More

Have you ever thought of a facility that provides services for disadvantage or handicap children? Might be a good use for your stables and grounds. If so reach out to even government agencies. Have a friend who was being paid for those services. I helped them some with some events is how I learned of them.