A2O-Lancastar Fanning, Saturday, Fabruary 14, 1998 At Pork Expo, Attorney Shows Farmers Ways To Control Nuisance Lawsuits (Continued from Peg# A 1) But every day. new cases pop up. And in Pennsylvania, “you’re at the height of it,” he told producers. hi lowa, lawsuits have reached a peak, Andrews believes. Perhaps, Junior public speaking contest winners pose with the Judges at the Keystone Pork Expo. From left, Nila Grove, Judge; Cathryn Levan, first place intermediates; Faith Houston, first place, Juniors; Tisha Myers, first place senior division; and Bruce Miller, Judge. Improve On The Best? In the case of Chore-Time's What’s more, you still get ULTRAFLO" Cage Feeder, you do it by all the features you valued m the ongi beefmg up the auger wire ? "ILTRAFLO" Feeder You can extending the product wr '1 count on unparalleled id savings, economical Chore-Time’s new am iperation, and ULTRA improved ULTRAFLO" FLO’S remixing action Cage Feeder uses our which eliminates feed exclusive round-wire separation auger It is nearly 10% heavier than our ongmal ULTRAFLO" And that means strength and yean more running time for you 1 We’re so confident oi it that we’ve warranted tin auger for twice* as long as old model. Store Hour*: Mondav-Fridov 7:30 am to 4:30 pm 24 Hour-7 Day Repair Service ejgi he thinks, the litigation proceed ings will begin to die away. Andrews related several cases of how producers fared in court against lawsuits: • In lowa, a hog producer con- Northeast Agri Systems, Inc. Flyway Business Park 139 A West Airport Road Utitz, PA 17543 1-800-673-2580 717-569-2702 Chore-Time's ULTRAFLO' Cage Feeder—contact us today for more informa tion on how the best just ;ot better l ? Time s New ULfRAFLOJi Cage jgcr has a 10-year prorated warranty s ■ Delmarva Office 305 University Ave. Federalsburg, Md. 1-800-735-6361 410-754-9434 structed an earthen waste storage basin a little more than half a mile from a neighbor. The plaintiff argued that when the winds blew from the south in the summer, the “terrible’* odor was overwhelming. The defendant believed that the half-mile distance was enough to keep odor problems at bay. He went on the defense using the state’s right to farm law. However, before the farm was approved as part of a protected agricultural area, the producer began filling the basin with manure and losMhe case. The producer was farced to shut down, make alterations to the facility, and pay $45,000 in dam ages. The producer appealed the case to the state supreme court The court sustained the ruling and added another layer to the defen dant’s misery—the “devaluation” on the plaintiff’s property as a result of the odor wasn’t taken into account The defendant had to pay $56,000 in actual damages. For the defendant “it was a bad deal all around,” said Andrews. Fortunate ly, the state pork producers chipped in and paid for some of the damages. Quality Assured Case IH Parts BEST PARTS.... BEST DEAL.... BEST VALUE When You Need Parts, ®Call SALEM For FAST jjS&p Courteous Service. Express Service To Your Farm.... Please Call Today. SALE MS* IFARM SUPPirJ Route 22; Salem, NY 1-800-999-FARM (3276) FAX; 518-854-3057 CASE CREDIT CARD - FARM PLAN - VISA - MASTERCARD - DISCOVER W9BCASF CORPORATION Visit u- on tfw ft it. *rr iff at htlp ■ wsvw cost c cr > o < CASE 111 '_n.. 'Hi on 4 stt k_ -j •r ndi mod ol Co Cc *| o» •In Missouri, one producer operated a 600-head finishing bam. An odor nuisance was filed, but the defendant won. How? There arc 20,000 pigs in a two mile radius of the defendant’s operation clearly it was “pig country,” home for a lot of pigs, and the plaintiff should have known that It was an inherent “right to farm” area. • lowa State University was successfully sued over a manure storage structure at the district court level, according to Andrews. They were forced to pay $2,000 a day to the plaintiffs, made to cover the structure, forced to use manure injection, and other restrictions were imposed. The university decided not to appeal it because of the high profile of the case. • In lowa, a producer was filed suit over allegedly placing manure in a field that was supposedly (Turn to Pago A2l)
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