Travis v. Preston

ON REHEARING

Before: Talbot, P.J. and Sawyer and Markey, JJ. Markey, J.

In this case regarding alleged odors and fumes emanating from defendants Keith and Glenn Preston’s hog-farming operation, Preston Farms, defendants appeal by right the trial court’s order of judgment, entered after a bench trial, awarding plaintiffs Pete and Edna Travis $29,000 in damages and plaintiffs Richard and Patricia Johnson $29,000 in damages. We reverse and remand.

After defendants began a hog-farming operation in 1996, plaintiffs, who' lived near the hog farm, filed this action for nuisance and injunctive relief…