Court of Appeals Finds Indiana Hog Farm Entitled to Right-to-Farm Defense, Upholding Its Constitutionality

Image of hogs in modern hog facility. Image is by Kevin Chang via flickr.com.

The article is not a substitute for legal advice. 

            In 2019, we continue to see decisions involving the application of the right-to-farm law (RTF) defense in a few states.  Recently, the Court of Appeals of Indiana upheld a trial court’s decision applying the state’s RTF law.  In this case, the RTF law applied to claims that a neighboring hog farm was creating a nuisance.  Although over the past 18 months, we have seen decisions involving RTF laws not applying to agricultural companies being hit with large damage verdicts, it is crucial to remember that in many cases, the RTF defense continues to apply and prevent large verdicts.

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