Gilbert, R. v. Synagro Central Aplts

OPINION

Justice EAKIN.

In this appeal, we are asked to determine whether a trial court or a jury should determine the applicability of § 954(a) of the Right to Farm Act (RTFA), 3 P.S. §§ 951-957, which precludes nuisance actions against farms under certain circumstances, and whether the trial court in the instant case properly concluded the land application of biosolids as fertilizer is a “normal agricultural operation,” rendering § 954(a) applicable. We hold § 954(a) is a statute of repose; its applicability, as determined by statutory interpretation, is a question of law for courts to decide.…