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 |