Lawsuit challenges constitutionality of Indiana's right-to-farm laws

Lawsuit challenges constitutionality of Indiana's right-to-farm laws

The Right to Farm Act provides protection to massive, factory style farms. But due to it, quality of life of people living nearby these farms gets difficult. Therefore, an environmental group is now going to challenge the law on behalf of two rural families.

Hoosier Environmental Council attorney Kim Ferraro shared that the lawsuit has been mailed to Hendricks County Superior Court. As per the lawsuit, a Danville farm called 4/9 Livestock LLC having up to 8,000 hogs has made the homes of plaintiffs unlivable. The farm has opened in 2013 and since then the problem is going on.

The lawsuit alleges that odors, gases and dust is released by the 38,000 gallons of manure the farm produces on regular basis have affected the property values. Richard Himsel, one of the plaintiffs said, “No one wants to buy our property because of the smell, so we can't even move away — we're prisoners in our own home”.

He also shared that the odors from the farm are so bad that his wife has gone to stay with their daughter, as she was unable to take it anymore. In the suit, Co-Alliance LLP has also been named, which owns the farm's hogs and three people who own it and operate the farm.

The lawsuit alleges that the 2014 law provides the farm legal coverage and favors their production practices despite the level of harm that the practice causes. But the Indiana Farm Bureau has said that the lawsuit’s contentions are unfounded.

The case demands unspecified damages and a court injunction so the farm’s owners reduce the smells and dust.


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