Trickett v. Ochs
Vermont Supreme Court
838 A.2d 66 (2003)
Relevant factsFree
After buying a residence across from the defendants' apple orchard barn in 1992, the plaintiffs experienced no disturbance until the mid-1990s, when the defendants began waxing and storing apples on-site using refrigerated tractor-trailer trucks arriving before dawn, generating substantial new noise and light; after zoning complaints failed, the plaintiffs sued for nuisance, and the superior court held the state's right-to-farm law barred the suit.
IssueFree
Whether right-to-farm statutes immunize farmers from nuisance liability where the agricultural activity complained of does not precede the surrounding non-agricultural activities.