Fortin v. Vitali

The present case is a sequel to Fortin v. Vitali (1969), 15 Mich App 657. The defendants are mushroom farmers. To grow mushrooms it is necessary to use compost which defendants produce by fermenting a mixture of straw, grain and horse manure. This process produces highly offensive odors as a result of which a group of homeowners sought to have the composting operations enjoined.

When the case was first heard by this Court, we agreed with the trial court’s conclusion that the composting operations constituted a nuisance. However, we reversed the trial court’s order that all composting be…