Himsel v. Himsel: Indiana Supreme Court Rejects Neighbors’ Attempt to Overturn the Right to Farm Act

On February 21, 2020, the Indiana Supreme Court denied transfer in Himsel v. Himsel, a Right to Farm Act case. The Justices voted 3-2 to deny transfer, which means the Supreme Court will not issue a substantive opinion in the Himsel matter. This is a win for Indiana agriculture because it leaves the Court of Appeals’ favorable decision from April 2019, and the years of precedent that came before it, in place.

The Court of Appeals earlier ruled that the Right to Farm Act protected the farming defendants from the plaintiffs’ lawsuit. More information on the Court of Appeals decision can be found here. Todd and Brianna represented the Indiana Agricultural Law Foundation at the trial court, the Court of Appeals, and the Supreme Court.