Botsch v. Leigh Land Co.

The majority opinion now holds that evidence of intolerable odors and a substantial increase in flies is sufficient to constitute a prima facie case for the granting of a mandatory injunction against a cattle fe'edlot op*518eration in a wholly rural area, without any evidence that a cattle feedlot can be operated in a different method or manner which will not produce excessive odors and flies.

The court assumes that feeding 1,100 cattle does not constitute a nuisance, but the feeding of 3,746 cattle does. That in itself would not constitute a problem if there were evidence to establish that a…