Meat Producers, Inc. v. McFarland

GUITTARD, Justice.

The principal question is whether a cattle feeding facility emitting disagreeable odors when in operation amounts to a nuisance justifying recovery of permanent damages to adjacent land measured by reduction in market value, even though at the time of trial cattle feeding had been suspended and no odors were being produced. We hold that it is such a nuisance and that such damages are recoverable.

Plaintiff Robert McFarland owned 645 acres of land adjacent to a tract upon which defendant Meat Producers, Inc. had constructed an elaborate cattle feeding facility, referred to in…