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Posted July 21, 2014
An Indiana judge issued a summary judgment this week stating that the Indiana Right to Farm Act is constitutional and ruled in favor of farms in four different lawsuits, according to a National Hog Farmer article available here. A recent blog post on Right to Farm is available
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Judge Marianne Vorhees ruled in favor of farms in the cases of Armstrong and Dungan vs. Gary Foulke and Maxwell Farms of Indiana Inc.; Neudecker vs. Maxwell Farms of Indiana Inc.; Pegg vs. Maxwell Foods; and Williams vs. Maxwell Farms of Indiana Inc. These lawsuits were seeking damages from farms for “creating a nuisance with regards to odor, manure management practices, and location of farms.”
In each of the four cases, Judge Vorhees found that the plaintiffs failed to prove negligence in the way the farms were operated and located. “Maxwell Farms is extremely pleased to have prevailed in the recent court actions brought against the company and some of its growers claiming swine production is a nuisance in our community,” stated Joe Baldwin, operations manager of Maxwell Farms of Indiana.
“This judgment is a positive victory consistent with other victories that have upheld Indiana farmer’s right to farm and reasonably grow their farms,” said Mark Thornburg, general counsel and director of legal affairs for Indiana Farm Bureau.
This Right to Farm Act protects farms using commonly accepted agricultural practices from being considered a “nuisance in agriculturally zoned areas.” This act is recognized by legislatures in all 50 states as the Unites States’ ability to protect its own food, fuel and fiber production.
For more information on Right to Farm laws and for a compilation of states’ Right to Farm statutes, please visit the National Agricultural Law Center’s website here.
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