Neighbors Sue for Horse Manure Pile Smell

/ Neighbors Sue for Horse Manure Pile Smell #122  
Here in town we are RTF by town ordinance. Real estate people are required to tell buyers what to expect when they move here. There isn't much a newcomer can do to an existing farmer following the law. But I try to keep them happy, not spreading on my fields right by houses, etc.
 
/ Neighbors Sue for Horse Manure Pile Smell #123  
I like the idea of the OP raising pigs as close to their side of the property line as possible. Maybe the next 10 years straight of that will give the neighbors a "fresh" perspective.
 
/ Neighbors Sue for Horse Manure Pile Smell #124  
I like the idea of the OP raising pigs as close to their side of the property line as possible. Maybe the next 10 years straight of that will give the neighbors a "fresh" perspective.
I've got various cousins that focus on different types of Ag. The pig farmer's place was always the worst smell.
 
/ Neighbors Sue for Horse Manure Pile Smell #125  
I've got various cousins that focus on different types of Ag. The pig farmer's place was always the worst smell.
I raised two every summer for about 6 years. They were always up in my back field, but there were days when they were pretty rank. Then there was the time I brought a bucket of the previous year’s manure and dumped it on the flower garden next to my driveway… talk about stink! I wasn’t long dumping some lime on it!
 
/ Neighbors Sue for Horse Manure Pile Smell #126  
Grad school housemate was pursing his masters in ag science. His thesis project was swine waste management involving having automation wash pig poo into a disposal system. He had to bake samples of it in the lab oven and then analyze it for content or some such thing. Went on to make a career teaching on the university level. Not too shabby a gig for an ole farm boy.
 
/ Neighbors Sue for Horse Manure Pile Smell #127  
The old farm my brother bought had the pig barn over the creek and it all went downstream to the ocean for many decades… different times.

Later no pig ordinance passed and more recently niece had 4H pig and one of the new neighbors in the 1.5m home commented about no pig farming… niece said it’s a pet and does tricks… 65 acres and one pig could be a problem…
 
/ Neighbors Sue for Horse Manure Pile Smell #128  
Usually, but had to resort to the .22 twice.
The only way I would use lethal means to deter an animal is if I felt unsafe. I hope I don't have to go down that road.
I've had to dispose of an armadillo but that's about it so far.
 
/ Neighbors Sue for Horse Manure Pile Smell #129  
This is in Michigan, correct? This link explains about Michigan law regarding this and there's really no way the plaintiff(s) could prevail.View attachment 814842
The question would be if that applies because the Right to farm act specifically discusses commercial farming in the definition of a farm, I'm not sure if that's supposed to be referencing the "other appurtenances" needed for a farm, or if it's supposed to limit it to commercial farms only (if it is supposed to limit it, that's probably what the judge is referencing, that would be something worth bringing up with the State Department of agriculture so they can provide their opinion because the one that you linked would seem to indicate that commercial farming is not required to be protected under the Right To Farm law)
Screenshot_20230810-062631-048.png


However, it does also state that temporary halt to farming operations does not remove that protection, so if the op is planning to restart boarding in the future (as I read it), they would be covered: Michigan Legislature - Section 286.473
Screenshot_20230810-062727-149.png


Aaron Z
 
/ Neighbors Sue for Horse Manure Pile Smell #130  
The only way I would use lethal means to deter an animal is if I felt unsafe. I hope I don't have to go down that road.
I've had to dispose of an armadillo but that's about it so far.
MIce, groundhogs and coons need to be controlled around here. No armadillos around here, I guess no mice in TX.
 
/ Neighbors Sue for Horse Manure Pile Smell #131  
I think if more people would educate themselves on their State Constitution a lot of this nonsense would be defeated. Ask yourself a question, were individual State Constitutions/ United States Constitution written for the people to understand and be protected or the Attorneys and Justices to understand and benefit/ make money from? At the expense of the people? Show me in any constitution where it says the people have to pay for their rights? Who gives the people their rights? Education is key and the only thing public schools have done is train the people to be subservient, and the BAR exists to ensure a paycheck for their members. It’s a private association, and we aren’t in it, and it doesn’t benefit the people.
 
/ Neighbors Sue for Horse Manure Pile Smell #132  
I think if more people would educate themselves on their State Constitution a lot of this nonsense would be defeated. Ask yourself a question, were individual State Constitutions/ United States Constitution written for the people to understand and be protected or the Attorneys and Justices to understand and benefit/ make money from? At the expense of the people? Show me in any constitution where it says the people have to pay for their rights? Who gives the people their rights? Education is key and the only thing public schools have done is train the people to be subservient, and the BAR exists to ensure a paycheck for their members. It’s a private association, and we aren’t in it, and it doesn’t benefit the people.


So how does the guy with the nose/smell issue not fit into this? He feels his rights are being infringed upon too.
 
/ Neighbors Sue for Horse Manure Pile Smell #133  
As long as we compare apples to apples...
 
/ Neighbors Sue for Horse Manure Pile Smell #134  
So how does the guy with the nose/smell issue not fit into this? He feels his rights are being infringed upon too.
What is written that is being infringed upon?
 
/ Neighbors Sue for Horse Manure Pile Smell #135  
What is written that is being infringed upon?
The complainers property rights. Specifically I am thinking environmental degradation.

“...as a man is said to have a right to his property, he may be equally said to have a property in his rights.”
- James Madison
 
/ Neighbors Sue for Horse Manure Pile Smell #136  
The dairy farmers in the family have experienced similar in that the same farm going back hundreds of years and organic certified has been the subject of complaints for spreading manure on the fields...

The newcomers say should use modern fertilizer with no odor...

I'm sure they also preach saving the world as long as it doesn't affect them.

The farm must be doing it right and the proof is it's record of low impact sustainability...
 
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/ Neighbors Sue for Horse Manure Pile Smell #137  
There are lots of questions here, specifically did the complainer sign off regarding farming next door, as previously posted, and what is to be considered reasonable smell? Or is something else at play here? Would the possibility of the farm being sold to a developer or large trucking company because the op is tired of this change their mind? For the record James Madison quotes aren’t written law.
 
/ Neighbors Sue for Horse Manure Pile Smell #138  
In my mind it doesn‘t matter if the person who is started the law suit signed off on anything or not. It matters if the person has the right to have a pike of horse manure or not.
 
/ Neighbors Sue for Horse Manure Pile Smell #139  
There are lots of questions here, specifically did the complainer sign off regarding farming next door, as previously posted, and what is to be considered reasonable smell? Or is something else at play here? Would the possibility of the farm being sold to a developer or large trucking company because the op is tired of this change their mind? For the record James Madison quotes aren’t written law.
JM quotes gives one context into what is written in States and the Republics Constitution.

At the crux of this issue is two (or more) opposing views of property rights and indeed the individuals rights.
 
/ Neighbors Sue for Horse Manure Pile Smell #140  
In my mind it doesn‘t matter if the person who is started the law suit signed off on anything or not. It matters if the person has the right to have a pike of horse manure or not.
Be real unfortunate if courts decide that farmers can’t have manure on their property.
 

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