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FARM Trials Start in April for Nuisance Cases Targeting Stinky Hog Farms
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  1. #1
    Join Date
    May 2004
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    Trials Start in April for Nuisance Cases Targeting Stinky Hog Farms

    https://www.usnews.com/news/best-sta...ting-hog-farms

    Fair use for discussion

    Trials Start in April for Nuisance Cases Targeting Hog Farms

    Trials that could alter the operations and profitability of eastern North Carolina's pork industry will start in April.

    Dec. 4, 2017
    By EMERY P. DALESIO, AP Business Writer

    RALEIGH, N.C. (AP) ó Trials that could alter the operations and profitability of eastern North Carolina's pork industry will start in April, a federal judge decided Monday.

    U.S. District Judge W. Earl Britt said trials on the lawsuits filed by more than 500 neighbors of industrial-scale hog operations will begin with two test cases.

    The litigation by often-poor neighbors represents one of the biggest legal and financial threats to pork producers since industrial-scale hog farming took off a generation ago. Hogs were a $21 billion industry nationwide in 2015, with North Carolina operations racking up $2.3 billion of that, according to the U.S. Agriculture Department.

    The neighbors contend operations confining thousands of animals create intense nuisances like smells, noise and clouds of flies. Neighbors also have complained that wind-driven spray sometimes coats home exteriors in liquefied excrement and the smell clings to clothes.


    Britt said the initial trial will involve eight to 10 households with similar complaints chosen by their lawyers. The second case following two weeks after the first trial ends will focus on the experience of a single plaintiff household chosen by livestock company Murphy-Brown's lawyers, who said a narrowed focus was needed to understand potential liability.

    New trials then would start every month until the cases are decided, dismissed or settlements are reached.

    Trials reviewing the complaints of just one or two plaintiffs are needed to avoid confusing jurors, who will have to consider the location of other nearby livestock operations, how neighbors specifically use their land, and how living near hog farms affects each person individually, said an attorney representing Murphy-Brown, a subsidiary of Virginia-based pork giant Smithfield Foods.


    "That sort of testimony is specific to each property," lawyer Tennille Checkovich said. Trials involving "larger groups is going to lead to prejudice."

    Smithfield was bought in 2013 by a division of China-based WH Group, the world's largest pork producer.

    Neighbors aren't claiming any health harms by hog operations, so a handful of trials involving groups of many plaintiffs would be best, said Mike Kaeske, one of several Texas-based attorneys working with a North Carolina firm to take on politically powerful pork producers.

    "There are only so many different ways somebody can say, 'When I go outside, it stinks,'" Kaeske said.

    North Carolina legislators this year considered derailing the pending lawsuits with a law limiting damages farming and forestry operations could face. The move was aimed at undercutting attorneys willing to represent neighbors with the promise that if they win they would take a cut of liability awards. The law was amended to apply for cases filed in the future.

    ___

    Follow Emery P. Dalesio at http://twitter.com/emerydalesio. His work can be found at http://bigstory.ap.org/content/emery-p-dalesio .

  2. #2
    why do i get the impression the 500 neighbors of industrial-scale hog operations moved from the city out into the country side and think it should smell like the city..

    quite a few years ago i was told by a very reliable source from the heath dept that some one from a big city moved to the county where there are many Amish..

    they sent a letter wanting the health dept to force the Amish to put diapers on their horses so they would not poop on the road ..

  3. #3
    Join Date
    May 2001
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    Behind Enemy Lines
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    142,653
    I’m thinking muzloids.

  4. #4
    Join Date
    Jul 2017
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    1 tank of fuel from potential chaos
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    This one is hard for me to resolve. I've always felt the owner of real estate should be able to do ANYTHING they want on it. If you don't like it, offer to buy it or move. BUT this one clearly involves encroaching on other property owners Pursuit of Happiness. How do you quantify the stink? Four hogs within rock throwing distance sends my DW into a heaving fit occasionally. I OTOH smell "unrefined sausage".

    I wouldn't want to be a juror for this one...
    Last edited by Luddite; 12-06-2017 at 11:03 AM. Reason: typo
    "You are allowed to be disappointed but not surprised"

  5. #5
    Join Date
    Aug 2014
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    Upstate South Carolina
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    4,619
    I grew up in Eastern North Carolina, and whenever I was out
    driving around the area at night, I would roll down the window
    and take in the "fresh air".

    Obviously city people, or ragheads complaining
    about the smells of "being out in the countryside".

    Please be safe everyone, and please arm up.

    Regards to all deplorables.
    Nowski
    "Read everything, listen to everyone, believe absolutely nothing,
    unless you can prove it with your own research." Milton William Cooper

    "Life is a glass, half empty, of spoiled milk, sitting in a bed of thorns." Nowski

  6. #6
    I have similar problems with "stinky" sewage treatment plants in urban areas.

  7. #7
    Join Date
    Jun 2001
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    Michigan
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    2,138
    Who was there first? If the hog farm was a commercial set-up you would think there would be a zoning issue also.
    "In a time of universal deceit, telling the truth is a revolutionary act." George Orwell

  8. #8
    Join Date
    Mar 2007
    Location
    West Virginia
    Posts
    33,340
    Going back to the 1980s there were some civil case of this nature and most states have put laws in place to protect farmers from this kind of legal action.
    I'm willing to bet the jusge is going to tell the people they have to move, not the farm.
    Last edited by Publius; 12-06-2017 at 10:49 AM.

  9. #9
    Join Date
    May 2001
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    Behind Enemy Lines
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    142,653
    Britt said the initial trial will involve eight to 10 households with similar complaints chosen by their lawyers. The second case following two weeks after the first trial ends will focus on the experience of a single plaintiff household chosen by livestock company Murphy-Brown's lawyers, who said a narrowed focus was needed to understand potential liability.

    New trials then would start every month until the cases are decided, dismissed or settlements are reached.



    So the real strategy is revealed: bankrupt the farms via dozens, if not hundreds, of continuous lawsuits. You see, by doing that the outcomes don’t matter. What DOES matter is making the farms pay millions in attorney fees, until their funds are exhausted.

  10. #10
    Join Date
    Jul 2005
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    Happy on the mountain
    Posts
    52,840
    Citiots buy houses close to airports and complain about noise, too.

    My grandfather used to run a small cattle herd (less than 100 head) on a couple of hundred acres. Citiot relative asked one day how he could stand the smell. His reply?

    "Smells like money to me."
    The wonder of our time isnít how angry we are at politics and politicians; itís how little weíve done about it. - Fran Porretto
    -http://bastionofliberty.blogspot.com/2016/10/a-wholly-rational-hatred.html

  11. #11
    Join Date
    Jan 2012
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    OK
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    Somebody (Summerthyme maybe?) was discussing how the Amish would move their hog operation close to people they wanted to force out...then buy the property cheep
    Proud Infidel...............and Cracker

    Member: Nowski Brigade

    Deplorable


  12. #12
    Join Date
    Apr 2012
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    F 250 General Delivery- North Carolina S I 85
    Posts
    563
    My recommendations is for all the yankees to get the hell back up north with all the libs, fags, progs and all the other Alpha Hotels.

  13. #13
    Nope, not me... never heard about the Amish pursuing such tactics, but it wouldn't surprise me if some groups did...

    WHO WAS THERE FIRST.?!

    That is the bedrock question that needs to be answered. The article mentions "mainly poor" plaintiffs/neighbors, which MAY mean the hog farms moved in or hugely expanded in areas where the people already living there were considered politically naive or powerless.

    IF that is the case, despite (or maybe because of) my 40+ years of farming experience, I'm sympathetic to the plaintiffs.

    If they were, indeed, citiots who bought their little 5 acre plots and then expected a previously established farming operation to modify (or eliminate) the practices that allow them to produce pork at a tiny profit... well, then, I'm on the side of the farmers (although I'll show my bias and say I don't find these huge operations, whether they have chickens, or hogs, or cattle, to be "farms"... they are factories.)

    I'm surprised they aren't claiming health problems... volatile organic compounds (VOC's) are well known to cause, or exacerbate, many health issues.

    When the nearest large dairy operation to our small dairy started expanding, they built huge manure lagoons. The several weeks during the spring and fall when they emptied them and spread the slurry onto the fields was awful. As farmers, we've pitched, scraped, cleaned out and spread shit (sorry, no one out here calls it "manure"!) on a daily basis. The power and odor of fresh manure has about as much relationship to lagoon shit as fresh cabbage does to a batch of rotten kimchi!

    And then they started spreading it after each crop of hay was harvested, so we got the "blessings" throughout the warm months.

    One week, I ended up spending 3 days in bed, with a splitting headache and a constant nosebleed, after they had spread lagoon shit on the field across from our house. Even with every window closed (in the middle of summer), the smell... and the VOC's...permeated the entire house.

    Around the same time, the same farm spread shit on fields upwind of the local high school. Over 30% of the kids ended up being sent home sick... including quite a few who lived on farms all their lives.

    Fortunately for us, personally , the land across the road was owned by the retired brother and uncle of the current owners of the mega farm... and he couldn't stand the smell, either! He refused to rent them any land until they cleaned up their act (sometimes political clout has a personal dimension)

    And lo, and behold, it turned out there is a bacterial and enzyme additive they could add to the lagoon, which reduced VOC's and odor by about 90%

    We still know when they are spreading nearby, but I don't get nosebleeds or headaches anymore.

    So... I don't know enough about the OP to say. We recently had the "Amish need to diaper their horses" debate in our small town, which has happily and peacefully coexisted with the Amish for almost 50 years. It turned out, it wasn't a newbie citiot who triggered it...it was a slob Amishman who was parking his buggy directly where people walked, leaving piles of shit... and also using the "drive through" window of the local bank and also leaving large "calling cards" behind.

    He was publicly called out and shamed, and the problem was solved without requiring all Amish horses to wear diapers!

    Summerthyme

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