Legal Opinion · Dissent

Farmegg Products, Inc. v. Humboldt County

Supreme Court of Iowa

Decided September 27, 1971No. 54287Published

1DissentUhlenhopp, Justice

Do large mechanized chicken houses in which chickens are raised from small chicks to laying hens constitute buildings “primarily adapted, by reason of nature and area, for use for agricultural purposes”? Such 'is the question posed by this county zoning case.

We may put aside cases involving poultry houses as nuisances, such as Higgins v. Decorah Produce Co., 214 Iowa 276, 242 N.W. 109. No such charge is made here.

Plaintiff Farmegg Products owns a tract of land in Humboldt County, Iowa, outside of any city or town. Farmegg proposes to construct two poultry houses on the tract, and the…

2Cases cited21 opinions

  1. Farmers Reservoir & Irrigation Co. v. McCombSupreme Court of the United States · 1949
  2. Maneja v. Waialua Agricultural Co.Supreme Court of the United States · 1955
  3. Fidler v. Zoning Board of AdjustmentSupreme Court of Pennsylvania · 1962
  4. Chudnov v. Board of AppealsSupreme Court of Connecticut · 1931
  5. Town of Needham v. Winslow Nurseries, Inc.Massachusetts Supreme Judicial Court · 1953

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