United States Supreme Court Rejects Challenge to Indiana Right to Farm Act
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On October 5, 2020, the Supreme Court of the United States rejected plaintiffs’ challenge of the Indiana Right to Farm Act.
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Himsel v. Himsel: Indiana Supreme Court Rejects Neighbors’ Attempt to Overturn the Right to Farm Act
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On February 21, 2020, the Indiana Supreme Court denied transfer in a major Indiana Right to Farm Act case. This is a big win for agriculture.
Read MoreQuestions from the Bench: Indiana Supreme Court Hears Argument on Right to Farm Act
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On January 30, 2020, the Indiana Supreme Court held oral argument in the case Himsel v. Himsel. The case covers a lot of territory, including the Right to Farm Act, odor as an alleged trespass, respect for the local zoning process, nuisance, negligence, governmental takings, and questions on legal standards.
Read MoreIndiana Court of Appeals Upholds the Right to Farm Act
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A three judge panel unanimously rejected multiple neighbors’ challenges to a rural Indiana hog farm. In the case titled Himsel v. 4/9 Livestock, neighbors alleged that a nearby hog farm was a nuisance, its odors constituted a “trespass,” and its existence violated their constitutional rights to “Open Courts” and “Equal Privileges” under the law. Here is our summary of the decision.
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As America turns 250, it is time to revisit whether our system for owning and conveying real property is ready for the next century.