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This special Plews Shadley Racher & Braun LLP agricultural law update highlights the Indiana Court of Appeals' recent decision in Lindsey v. DeGroot, 898 N.E.2d 1251 (Ind. Ct. App. 2009), which upheld Indiana's Right to Farm Act, a law that protects farms and industrial operations from nuisance suits. The court held that the DeGroot’s dairy operations in rural Huntington County, Indiana did not amount to a "nuisance," since the dairy was operating in an established agricultural area at the time the neighbors first complained of the smell and noise associated with the farm's livestock. This case is significant victory for Indiana farmers. Peter M. Racher and Todd J. Janzen were counsel for defendant, DeGroot Dairy, LLC.
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