Cline v. Franklin Pork, Inc.

This is a sequel to Cline v. Franklin Pork, Inc., 210 Neb. 238, 313 N.W.2d 667 (1981) (Franklin Pork I). A factual background is necessary for a full understanding of the issues involved in this appeal. .

On December 9, 1977, the plaintiffs, Jack and Ruth Cline, sued to enjoin the defendant, Franklin Pork, Inc., from operating a pig-feeding/breeding facility located adjacent to the plaintiffs’ residence and farm. The plaintiffs alleged that the facility constituted a nuisance and interfered with the use and enjoyment of their home and farm.

At the conclusion of that trial the court found: “As…