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