Trial Court Applies Right-to-Farm Act
John Shoup
On Feb. 9, 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 a result of negligent siting and that the farm would release odors which would trespass on the neighbors’ property.
The court had initially ruled that the case could proceed to trial. However, the farmers asked the court to reconsider its ruling. The Indiana Agricultural Law Foundation (INAgLaw) and Hendricks County filed “amicus curiae” (or “friend of the court”) briefs in support of the hog farmers.
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Syngenta Update
Back in September the parties to the Syngenta corn litigation announced a preliminary settlement that would settle all U.S. farmer lawsuits resulting from its commercialization of a genetically modified (GMO) strain of corn before China approved importing it. Since that time the parties have been working out the settlement details.
It appears that the settlement negotiation process has concluded. On March 12 the law firm of Gray Reed & McGraw of Dallas issued a press release which provided additional details. A portion of the press release is reprinted below:
A $1.51 billion settlement has been reached in the nationwide class action lawsuit filed in Kansas federal court over Syngenta’s genetically modified corn seed. It is believed to be the largest agricultural litigation settlement in U.S. history.
The settlement covers all U.S. corn producers – farmers and crop share landlords – as well as grain handling facilities and ethanol plants nationwide who sold corn priced after September 15, 2013.
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