In our area, there's a controversial issue going on.
A farmer intends to convert his farm into a "concentrated feeding operation." That is basically a feedlot for pigs. There will be thousands of pigs kept there, and the food will be shipped in. This will be a far cry from the traditional self sufficient family farm. The full size swine will then be shipped to slaughter. This type of operation is supposed to be more efficient and help keep prices down. On the one side of the issue is the farmer who asserts "property rights" and on the other side are the locals who are concerned about odor, traffic, and ground water contamination. The local elected officials are sympathetic to the to the residents, but as long as the farmer complies with all applicable environmental regulations, they have to allow it. The issue is in the appeal process now.
Have any of you had similiar controversies in your area?
What is the balance between individual rights and community good?
Would you want this in your neighborhood?
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- streetsoldier
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IMHO (and I believe the Constitution is supportive of this), as long as an individual's exercise of his "rights" does not infringe on those of his neighbors...that is the rule here.
From what you've said, there is ample doubt in this case...the "letter" of the law may be on the square, but the farmer is stretching the SPIRIT of the law to the limit.
I'd support the community under similar circumstances...and, were I an attorney, I'd be more than willing to file an amicus curiae ("friend of the court") brief, detailing the controversial nature of this farmer's actions by summoning forth documented legal precedents...which I believe are abundant enough to "show cause" for at least a temporary restraining order, pending further environmental analysis.
Good luck!
From what you've said, there is ample doubt in this case...the "letter" of the law may be on the square, but the farmer is stretching the SPIRIT of the law to the limit.
I'd support the community under similar circumstances...and, were I an attorney, I'd be more than willing to file an amicus curiae ("friend of the court") brief, detailing the controversial nature of this farmer's actions by summoning forth documented legal precedents...which I believe are abundant enough to "show cause" for at least a temporary restraining order, pending further environmental analysis.
Good luck!
Last edited by streetsoldier on Sat May 31, 2003 7:00 pm, edited 1 time in total.
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Ick...living in NC where we are #2 behind Iowa in pig farming...i know all to well the nastiness of the operation. The animals are cramped into small confines and many of the sewage pools broke free from their dams and went into our rivers and drinking water. Not to mention the smell of doo doo. They are everywhere around here especially downeast. Lets hope y'all don't have that manY!
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- Stephanie
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Here in the "Garden State"
where it's become more of the "Strip Mall" state, we've recently had a controversy similiar to this. Suburban sprawl is getting out of hand around here. Where there were farms not too long ago, now there's developments. One township stupidly zoned a development right next to a farm. Well, there was a neighbor that had complained about the odor, flies, etc. from the cattle that pretty much kept them from using their backyard. The same with the other neightbors. This one, however, was stupid enough to have an article written about their situation in the Philadelphia Inquirer. First of all, the township shouldn't have allowed the zoning. Secondly, the families that bought their homes knew before hand that it was next to a farm. Did they think that it was going to magically disappear??? They didn't get much sympathy in the editorials (like mine) that followed.
What really got my dander up is that as we are seeing in the courts nowadays is nobody wants to take responsibility for their own actions. People that have been there originally like this farmer suddenly has to accomodate his neighbors because he's inconveniencing them. Isn't it the other way around???

What really got my dander up is that as we are seeing in the courts nowadays is nobody wants to take responsibility for their own actions. People that have been there originally like this farmer suddenly has to accomodate his neighbors because he's inconveniencing them. Isn't it the other way around???
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pigs for neighbors??
I just went thru Iowa, and they had signs protesting about hogs being toxic ,I was not real sure ,but I assumed they meant the smell.??
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This topic is enough to turn me into a full fledged vegetarian. I thank you for the nudge. I'm already 75% there, this just might do it too!!!
The poor animals are another consideration. I know it goes on all the time with poultry, cattle, etc. Still, it's a rotten way to treat animals.
Good luck Ed! Seems like your community has a battle on its hands.
The poor animals are another consideration. I know it goes on all the time with poultry, cattle, etc. Still, it's a rotten way to treat animals.
Good luck Ed! Seems like your community has a battle on its hands.
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- azskyman
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Ed,
Without knowing much about the nature of the neighborhood, the local zoning issues, and the character of the surrounding area, it is hard to come up with a "legal" argument. Still, there is a "neighborly" argument that might suggest it is not in the best interests of him, or his neighbors, to go ahead and bring in the swine.
Here in our neighborhood, we have a parcel of about 12 acres right in the middle of the concentrated neighborhoods where a couple dozen bison, including a white buffalo, have run of the territory.
The fellow who owns it (picture this, he was out in a pair of shorts and a cowboy hat riding one of those huge beasts one day...no shirt, no shoes!) is selling it. Once it is sold, the agricultural use will not longer be allowed...so it will instead be developed land. I kind of like having buffalo in the neighborhood as a novelty...but then the smell is about a block away from me.
A bigger issue out here...development is devouring land near Luke Air Force Base...and many are concerned about the future of the base. That battle is going to be a big one. Luke brings in $1.4 billion in revenue every year.
Maybe if all your neighbors put together a formal petition, at least it would get the attention of the "powers to be."
When serving numerous years on the planning commission back in Illinois, we always took into account the concerns of the neighbors and, if we couldn't override the decision on legal grounds, we worked hard to assure that aesthetically and in other ways (odor included) that there was some protection for the neighborhood.
Good luck with this one. I'll let you know how the buffalo roam later!
Without knowing much about the nature of the neighborhood, the local zoning issues, and the character of the surrounding area, it is hard to come up with a "legal" argument. Still, there is a "neighborly" argument that might suggest it is not in the best interests of him, or his neighbors, to go ahead and bring in the swine.
Here in our neighborhood, we have a parcel of about 12 acres right in the middle of the concentrated neighborhoods where a couple dozen bison, including a white buffalo, have run of the territory.
The fellow who owns it (picture this, he was out in a pair of shorts and a cowboy hat riding one of those huge beasts one day...no shirt, no shoes!) is selling it. Once it is sold, the agricultural use will not longer be allowed...so it will instead be developed land. I kind of like having buffalo in the neighborhood as a novelty...but then the smell is about a block away from me.
A bigger issue out here...development is devouring land near Luke Air Force Base...and many are concerned about the future of the base. That battle is going to be a big one. Luke brings in $1.4 billion in revenue every year.
Maybe if all your neighbors put together a formal petition, at least it would get the attention of the "powers to be."
When serving numerous years on the planning commission back in Illinois, we always took into account the concerns of the neighbors and, if we couldn't override the decision on legal grounds, we worked hard to assure that aesthetically and in other ways (odor included) that there was some protection for the neighborhood.
Good luck with this one. I'll let you know how the buffalo roam later!
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- mf_dolphin
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Thanks for all the input, everyone. I may have mislead you. this is at least 15 miles from where I live, so it won't be in my backyard. Actually it is pretty far out in the country, in a valley that has always been agricultural. But with development over the years, there's quite a few residential lots too. The biggest issue is the potential groundwater contamination because its a limestone valley with sinkholes, caverns, underground streams, etc. So if one of those lagoons let loose, the entire aquifer would be ruined in no time. Even though I don't have a personal stake in this, I wanted to get your thoughts. Property rights vs. community good is an issue that will only increase as time goes on. Yes, Azskyman, the zoning, land use, and other local regs are the major concern here. There is a bill proposed in our state legislature to pass a "right to farm" bill that would superceed local restrictions. Many see it as a favor for the factory farms and not for the small guys. This could end up as a campaign issue or potentially even a referendum at some point. I am trying to form an opinion on this.
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