Indiana Trial Court Applies Right-toFarm Act

The Hendricks County Superior Court ruled in favor of a group of hog farmers and their cooperative when it dismissed a lawsuit against them. The Lawsuit was filed by neighbors who argued that the hog farm was a nuisance, that the farm's location was rhe result of negligent siting and that the farm would release odors which would trespass on neighbor's property.  The plaintiffs argued the farm itself had been negligently sited, so the RTFA should not apply. There was no evidence the plaintiffs’ alleged damage had been caused by any negligent operations, and the negligent siting theory impeded on the county’s right to grant zoning permission to locate a farm within the county. The plaintiffs have 30 days to appeal.