Indiana Court of Appeals Upholds the Right to Farm Act

Indiana Court of Appeals Upholds the Right to Farm Act

A three judge panel unanimously rejected multiple neighbors’ challenges to a rural Indiana hog farm. In the case titled Himsel v. 4/9 Livestock, neighbors alleged that a nearby hog farm was a nuisance, its odors constituted a “trespass,” and its existence violated their constitutional rights to “Open Courts” and “Equal Privileges” under the law. Here is our summary of the decision.

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House of Prayer v. Rush County BZA: Court of Appeals Affirms Zoning Approval for Indiana Dairy

House of Prayer v. Rush County BZA: Court of Appeals Affirms Zoning Approval for Indiana Dairy

Janzen Ag Law defended an Indiana dairy against a challenge to its zoning approval by a rural summer camp. On January 16, 2018, the Indiana Court of Appeals issued an order upholding the county's decision to permit the dairy's construction.  

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Belork v. Latimer: Court of Appeals Upholds Farm Partition Fence Law

Belork v. Latimer: Court of Appeals Upholds Farm Partition Fence Law

Historically, if two rural landowners wanted to build a fence between their properties (a “partition fence”), they would meet in the middle of their proposed fence row, and while looking at each other, each agree to build to their right.  This century-old statute, known as the “Partition Fence Law,” was a way to distribute the cost of partition fences equally between landowners.  Recently, this law was challenged in the Indiana Court of Appeals.

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