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 n April 26, a Kossuth County District
Court judge refused to grant an injunction requested by a group
of neighbors to stop construction of a 5,400 sow, farrow-towean
operation to be located five and half miles south and five miles
east of Algona. In the case of Simpson v. Kollasch Land &
Livestock, the judge ruled that the neighbors did not prove that
a nuisance "will clearly and necessarily result from the
operation of the facility as presently approved."
All of the neighbors who filed the lawsuit
live at least 1 mile away from the site (all but two residences
are at least 2 miles away). The neighbors filed their lawsuit
under the legal theory of anticipated nuisance. In Iowa, a court
will not grant an injunction blocking construction of an operation
as an anticipated nuisance unless "it clearly appears a
nuisance will necessarily result."
In their lawsuit the neighbors alleged, by
their own testimony and through expert testimony, that the operation
would reduce their property values, cause groundwater contamination,
produce odor that would be a nuisance, and cause health problems.
Kollasch presented evidence, including expert testimony, which
disputed all of these claims.
The judge ruled on each
claim as follows:
| (1) |
there was conflicting evidence
regarding declining property values so the court could not rule
that such a decline would "necessarily or certainly"
occur; |
| (2) |
concerns regarding groundwater
contamination were "speculative and remote"; |
| (3) |
while odors will be produced
by the operation, the evidence showed that with proper management
the operation "need not necessarily constitute a nuisance";
and |
| (4) |
there was no "credible
evidence that a serious health threat is posed to normal individuals
one or more miles away."
The judge concluded by noting that this decision does not protect
the sow operation from liability for nuisance if it is ruled
to be a nuisance after it is in operation. |
For more information on the case, or to acquire
a copy of the full court opinion, please contact the IPPA at
800- 372-7675.
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