988 N.E.2d 319
Ind. Ct. App.2013Background
- Parkers own ~68 acres in Fort Branch, Indiana; Glenn built a house there in 1972 and formerly hobby-farmed; dairy expansion proposed by Oberts located on neighboring 67-acre tract; IDEM issued a five-year NPDES CAFO permit for up to 900 cows; Parkers alleged odors, property devaluation, and personal discomfort; trial court granted summary judgment finding Indiana Right to Farm Act bars the nuisance claim; Parkers appeal and challenge the Act’s applicability.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does the Indiana Right to Farm Act bar the nuisance claim between two agricultural operations? | Parkers rely on TDM Farms to argue Act doesn’t apply between farm-to-farm disputes. | Dairy argues Act applicability to ongoing, expanded operation blocks nuisance claim. | Yes, Act bars the nuisance claim between agricultural operations. |
| Does the conversion of part of the Obert farm to a larger dairy operation constitute a significant change under the Act? | Parkers claim there is a significant change, negating Act protection. | Conversion from crop farming to dairy is a non-significant change under the Act. | No significant change; conversion is not a disqualifying change. |
| Does long-standing residence near the agricultural locality defeat Act protection because nuisance began after years of residence? | Parkers contended enduring residence should limit the Act’s reach. | Act focuses on operation and locality; residence timing is not controlling. | No; residence duration does not defeat Act protections. |
Key Cases Cited
- TDM Farms of North Carolina v. Wilhoite Family Farm, 969 N.E.2d 97 (Ind. Ct. App. 2012) (limits Act to disputes involving nonagricultural land uses against established farms)
- Laux v. Chopin Land Associates, Inc., 550 N.E.2d 100 (Ind. Ct. App. 1990) (conversion of operation not per se nuisance under Act)
- Jennings Water, Inc. v. Office of Environmental Adjudication, 909 N.E.2d 1020 (Ind. Ct. App. 2009) (statutory distinction between confined and concentrated operations; not controlling here)