Hog Producer Beats Neighbors In Court

Hog Producer Beats Neighbors In Court LIVESTOCK Hogs (33) 26-4-5 In September, 1998, Tony and Anita Knapke of Greenville, Ohio, were sued for $10 million by three neighbors who wanted to stop them from putting up two new hog finishing units and a lagoon system. The neighbors claimed the proposed 1,960-head facility would hurt property values and lessen their quality of life. After a couple years of legal wrangling, the judge denied the injunction request sought by the neighbors and the Knapkes were able to start construction in late 2001. What's more, this past March, the same judge awarded the Knapkes $144,450 from two of the neighbors to compensate them for lost income and legal fees. The third neighbor settled out of court. How did the Knapkes prevail? Testimony was presented by engineers, soil scientists, odor experts and water quality specialists. Perhaps most important was their track record of managing their hog farm with no environmental problems or neighbor complaints. Their reputation had a very positive effect. Legal experts say the case sets a tremendous precedent for livestock producers in Ohio and also across the nation. Ohio is fortunate to have a law where anyone who tries to get an injunction against another party is liable for damages if the injunction is not granted. However, even in states without such a law, the case may have set a legal precedent. Farmers who follow good management practices and are generally good neighbors should not be prevented from running their businesses as they see fit. Perhaps other rural neighbors will think twice before suing their farming neighbors every time they put up a new building.

To read the rest of this story, download this issue below or click here to register with your account number.