Iowa Nuisance Law put to Test
Out in Madison County, Iowa, a couple sued their neighbors across the street claiming that the neighbor’s habit of spreading the manure from their 300 hog operation on their fields cause health problems. The case went to Jury trial and the jury ruled in favor of the hog farmers:
The plaintiffs filed the lawsuit in 2003 seeking damages for health problems they claimed were the result of being exposed to hog manure applied to fields near their home. It is believed to be one of the first cases in Iowa to center on health issues that could be caused by exposure to livestock manure.
The case is notable because it is the first application of Iowa’s reworked nuisance law which effectively says, if the farmer follows the state rules, there can be no nuisance. The law also calls for the plaintiffs to pay for the legal expenses of the farmer if they lose the case.
