Stay Informed

A recent Indiana Supreme Court decision affirms the constitutionality of the state’s right-to-farm law, according to the Indiana Ag Law Foundation.

“The decision in this nuisance case is a clear victory for Indiana agriculture,” said John Shoup, director of the ag law foundation (INAgLaw).

What the Indiana Supreme Court did, Shoup explained, was to deny the plaintiffs’ petition to transfer the case from the Indiana Court of Appeals to the state Supreme Court. This action leaves in place the Appeals Court ruling, which affirmed the constitutionality of the right-to-farm law, and held that absent operational negligence, summary judgment – that is, a judgment made without a trial – is the appropriate disposition of this alleged farm nuisance case.

The case was brought against Hendricks County pork producers 4/9 Livestock LLC and Co-Alliance LLP, who began operations in 2013.  The lawsuit alleged nuisance and negligence and also challenged the constitutionality of Indiana’s right-to-farm statute.

INAgLaw was engaged in the case at the trial court, appeals court and Supreme Court levels by filing amicus briefs in each court.  The amicus briefs advised all three courts of the value of Indiana’s right-to-farm statute to Indiana agriculture and detailed prior right-to-farm cases with similar fact patterns.

Indiana’s right-to-farm statute protects Indiana farms that operate in traditional agricultural locations and are not negligently operated. The statute is a farmer’s defense to nuisance suits, provided the farm has been in continuous operation for more than one year at the time the suit is brought.  Under the law, the farm is allowed to change the type of operation from a dairy to a hog farm, or soybean field to turkey farm, for example, without losing protection.

According to Shoup, the only course left is for the plaintiffs to appeal to the U.S. Supreme Court.

The Indiana Agricultural Law Foundation is a 501(c)(3) charitable organization established in 2005 by Indiana Farm Bureau. It promotes a better understanding of legal issues facing Indiana agriculture through educational programming and support of precedent-setting litigation.