Riddle v. Lanser

STOWERS, Chief Justice.

I. INTRODUCTION

A nuisance is "a substantial and unreasonable interference with the use or enjoyment of real property." The Right to Farm Act provides that an agricultural facility or an agricultural operation at an agricultural facility used for commercial purposes cannot become a nuisance based on changes in surroundings if it was not a nuisance when it *39 started. This appeal presents the question whether odors emanating from a farmer's storage of septage 3 on his farmland created a nuisance to adjacent landowners when the trial court found the farmer was not engaged in…