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Wednesday, July 10, 2013

Environment - 7th Circuit rules on Indiana Right to Farm act, in nonprecedential opinion

The 4-page nonprecedential order is Ralph Dalzell v. Country View Farms. Some quotes:

In 2005 Don Leis acquired agricultural property in Randolph County, Indiana. The farm grew corn and beans. By 2007 Leis and entities he controlled had converted the property to a pig farm with 2,800 hogs. Neighbors who objected to the stench filed this nuisance suit under the diversity jurisdiction. 28 U.S.C. §1332. The district court granted summary judgment for the defendants, ruling that the Indiana Right to Farm Act, Ind. Code §32-30-6-9, blocks their claim. 2012 U.S. Dist. LEXIS 130773 (S.D. Ind. Sept. 13, 2012). * * *

Plaintiffs may believe that at a trial they could present the sort of information that the district judge found missing from this record. But summary judgment is the time when litigants must assemble the admissible evidence. Like the district court, we must evaluate the record as it stands. On this record, a reasonable jury could not find that the shortcomings plaintiffs’ experts found in defendants’ operations make the difference between a nuisance and a good neighbor. The judgment therefore is affirmed.

Posted by Marcia Oddi on July 10, 2013 02:32 PM
Posted to Environment | Ind. (7th Cir.) Decisions