BBKCC partner Ron Cross was part of the team of lawyers who successfully defended a national swine producing enterprise in a series of five separate lawsuits that were filed in nearby Randolph County, Indiana. The suits were brought on behalf of residents located near the sites of several of the facilities alleging that the operations were nuisances due to alleged odors, flies and other such conditions emanating from the farms. The swine producing operations were mostly owned by private Indiana farmers under contract with the national integrator. The defense team was led by a firm from Washington, D.C., and involved litigation through the trial court and Indiana appellate courts. The several plaintiffs were represented by out of state attorneys who specialize in such litigation and have targeted larger agricultural operations (CAFOs / CFOs) in such law suits. The defendants obtained summary judgment in their favor in each of the five cases. Four of the cases were appealed by the plaintiffs to the Indiana Court of Appeals, but the appeals were withdrawn without an appellate ruling and without any settlement or compromise from the defendants. The litigation affirmed Indiana’s commitment to its agricultural economic base and to the protection of farm operations from claims of nuisance arising from odors and other such conditions that are inherent in most agricultural activities, as stated in Indiana’s Right to Farm Act.
If you have issues involving land use, whether agricultural or otherwise, contact the attorneys at BBKCC to discuss your case.