[SEL] Quick question

Fri Nov 13 06:10:54 PST 2015

Seen this same thing in my rural area.  Farm sold, subdivision built next
to a working dairy farm.  Many complaints.  One had law come to see some
spilled cow manure on the road being transported for spreading on fields.
Officer said farmer had as much right on the road as anybody else and they
moved to the country and to get used to it!  Good common sense!!

The other contributing factor is the lawyers who present these frivolous
law suits rather than telling the client to go home and enjoy the rural
life.

Can't the person being sued countersue for expenses incurred in defense.
Go see JUDGE JUDY!

Here in Virginia, the "fence law" allows a farmer to install new fences
along house property lines and make the house owner pay for one half cost
even though the house owner does not farm.  Perhaps this is the law in your
state and maybe considered in this case.

Tom Schmutz

On Fri, Nov 13, 2015 at 8:39 AM, Mark Shulaw <frappi at wcoil.com> wrote:

> I have seen this kinda shit before from spoiled asses And thats what
> ALL people are who move in next to such already existing operations
> (and then start complaining). like a farm or junk yard or other
> business that may have some type of odor, noise or whatever issue
> that is a natural and understood by-product of that activity. They
> buy that land because its cheap due to these activities and then they
> wreck everyone around them with their childishness. Personally I
> think that there should be a "common sense understanding" "ordinances
> if necessary" where if you buy and or build next or near to an
> existing facility like any of these there is no right to address
> prior existing conditions. Have you asked your lawyer about the
> possibility of suing for harassment using frivolous law suits as the
> form of harassment?   This kinda s#it is all part of a spoilt sh!t
> mentality brought on by the oh woe is me childish bully mentality.
>   And if you buy in and build in a agriculture zoned area expect that
> a livestock operation may move in next door at Any Time as that is
> what that area is zoned for.
>   Anyone want to argue against that show you arss and speak up so we
> know who you are.                   Mark S.
>
>
> At 11:10 PM 11/12/2015, you wrote:
>
> >Are you in a right to farm state?  What is your operation like? Is it a
> >CAFO?
> >
> >Richard
> >
> >On 11/12/2015 9:06 PM, ATIS wrote:
> > > Just a quick question:    I have a completely legal
> > farm:   Properly zoned, above the minimum size, and part of an
> > agricultural district.    I am constantly getting sued by the
> > mac-mansion neighbors around me.   They always lose and in fact the
> > last time the judge dismissed "with prejudice".   I assumed that
> > would keep anyone from suing but it doesn't.   It just means I  win
> > but I still have to spend money to defend it.  In fact, I was
> > served yet again with a lawsuit early this week.
> > >
> > > In short:  There does not seem to be a disincentive built into
> > the system to prevent suits - even if I keep winning.  My legal
> > team - who keeps winning so I am biased towards listening - says
> > filing a suit against the neighbors for frivolous lawsuits would
> > probably fail.  They say the court requires "malice and callous
> > disregard for the merits" for that to stick and it's a high bar to
> > prove.  The fact they won't take that on contingency sort of proves
> > to me they believe what they say.  A second opinion I sought
> > supported their position.
> > >
> > > Anyone else who is farming on this list that is running up
> > against this?   Just curious.   The legal bills are becoming
> > onerous and everyone I talk to locally has not seen this.
> > >
> > > Spencer Yost
> > > _______________________________________________
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> > > SEL at lists.stationary-engine.com
> > > http://www.stationary-engine.com/mailman/listinfo/sel
> > >
> > >
> >
> >
> >--
> >*Richard Knapp
> >rknapp at socket.net
> >http://www.centralmissourigrainsforfood.com
> >
> >It is probable that improbable things will happen.
> >
> >Archimedes *
> >
> >
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>
> Mark Shulaw
> 454 County Road 33
> Bluffton, OH. 45817
> USA
> <
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