Holubec v. Brandenberger

In this appeal, we explore the contours of the Right to Farm Act’s affirmative defense against claims that agricultural operations are a nuisance. The Act provides that “[n]o nuisance action may be brought against an agricultural operation” that has been in lawful operation for more than a year “if the conditions or circumstances complained of as constituting the basis for the nuisance action have existed substantially unchanged since the established date of operation.” Tex. AgRIc. Code § 251.004(a). The petitioners here are agricultural operators who complain that a defective jury charge…