June 16, 2004

Law - Nebraska Court Awards Damages to Hog Farm Neighbors

This AP story, headlined "Nebraska appeals court says residents near hog farms deserve to be paid damages," reports:

LINCOLN, Neb. – The owner of farms housing thousands of hogs must pay damages to 11 neighbors who said the stench forced them indoors, the state Court of Appeals said Tuesday. A trial court will determine the amount owed to the residents, who live within two miles of farms owned by Progressive Swine Technologies. * * *

The decision reversed a 2002 ruling that Progressive Swine did not owe damages, even though its four farms were a nuisance. As part of that ruling, the farms were told to reduce the smell. Pat Knapp, the landowners' attorney, said that has not been done. * * *

David Domina, attorney for Progressive Swine owner Jim Pillen, said he did not think the damage awards would be substantial. "All 11 collectively had zero expense for medical care and zero medical visits," Domina said.

The Nebraska Court of Appeals opinion, Stevens v. Pillen (6/15/04), may be accessed here.

Posted by Marcia Oddi at June 16, 2004 12:12 PM