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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.

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