Agricultural nuisance cases filed in Iowa ELDON MCAFEE, IPPA LEGAL COUNSEL The IPPA continues to keep pork producers informed of critical agricultural nuisance cases in Iowa. The following is a list of the status of lawsuits filed in the state of Iowa as of June 24, 2005. Pending Cases Summary Trial Date Viet v. Burmester, Oak Leaf Premium Pork and Prairie States Management Company (2,400 head swine finishing operation built in 1997 and 1998) Franklin County District Court - jury trial 7-19-05 Tetzlaff v. Camp and Pangborn (300 head swine finishing building in Madison County) Jury trial in Polk County (by Court Order on Motion for Change of Venue by Tetzlaffs). 9-12-05 Kroepel v. Oltmanns (Swine finishing operation) Plymouth County District Court - Suit filed 5-11-04 - jury trial 9-13-05 Erfman v. Legend Pork, LLP, Sleepy Hollow, LLC, Gross and Kanengieter (Swine operations) Lyon County District Court -- filed Aug. 2, 2004 10-18-05 Humes v. New Fashion Pork, Spartan Farms, and Stalcup Ag Service (New Fashion, 4,000 head swine finisher, Spartan, 4,200 head swine finisher, and Stalcup, manure applicator) Buena Vista County District Court, filed Jan. 5, 2005. Not scheduled Gacke v. Pork Xtra, LLC (4,000 head swine finishing operation) Sioux County District Court, re-trial by order of the Iowa Supreme Court, jury trial 7-26-05 trial date continued, new trial date not yet set Miller v. Rohling (Grain drying and storage operation) Clinton County District Court judgment finding nuisance and awarding plaintiffs $187,480 damages and $4,000 attorney fees On appeal to the Iowa Supreme Court Dismissed Cases Summary Dismissal Date Wurr v. Tall Corn Ethanol Cooperative & Broin & Associates (Ethanol plant) Guthrie County District Court - settlement and dismissed with prejudice 1-29-04 Lowe, et al. v. Fremont Ridge, L.C. (7,200 head swine finisher constructed in 2003) Fayette County - dismissed without prejudice 4-12-04 Hanson, et al. v. Christensen Family Farms (Three 4,100 head swine finishing operations in Cerro Gordo County) U.S. District Court, Northern Dist. of Iowa, Central Division - settlement and dismissed with prejudice 8-24-04 Schallock v. Newburg Pork, Inc. (Swine finisher in Mitchell County) Suit filed in Polk County -- settlement and dismissed with prejudice 1-11-05 Stoner v. Eklund and Iowa Select Farms (Eklund, 3,800 head swine finisher; Iowa Select Farms, 1,700 head swine gilt developer in Union County) Suit filed in Polk County -- settlement and dismissed with prejudice 12-29-04 Goll, et al. v. DeCoster and Midwest Pork, LLC (Swine finishing operation) Hancock County -- settlement and dismissed with prejudice 1-25-05 Baldwin v. Heeren Pork, LLC and Heartland Pork Enterprises, Inc. (4,000 head swine finisher) Franklin County District Court - settlement and dismissed with prejudice 3-1-05 Solberg v. Schneider, et al. (8,000 head swine nursery) Palo Alto County -- settlement and dismissed with prejudice 3-1-05 Langbein, et al. v. Iowa Select Farms (Two 14,000 head swine finishing operations built in 1997) Sac County -- settlement and dismissed with prejudice 4-8-05 Clemsen, et al. v. Natural Pork Production II, L.L.P. and Gary Weihs (5,150 sow farrow-to-wean operation in Audubon County) Suit filed in Shelby County - notice of settlement Notice of Settlement filed 4-11-05 Benjamin, et al. v. D & S Cattle, LLC and D & S Swine, LLC (4,050 head swine finishing operation constructed in 2003) Humboldt County District Court -- jury trial 5-27-05 Back to top Return to Resources and Information Pork Recipes | About the IPPA | Educational Opportunities | Resources and Information Pork Checkoff Programs and Stories | Publications | Newsroom | Pork Industry Links Strategic Investment Program | IPPA Membership | Swine Industry Online Yellow Pages | Home Hot Topics | Iowa Pork Congress | Iowa Pork Youth Team | Iowa Purebred Swine Council Send the Perfect Gift - Iowa Pork! ©2006 Iowa Pork Producers Association. All rights reserved.