Monday, May 15, 2006

Constitutionality of Michigan Right to Farm Law Not at Issue in Nuisance Case

Vasko v. Michigan Department of Agriculture, 2006 Mich. App. LEXIS 293 (Mich. Ct. App. 2006)(unpublished opinion)

Pro se plaintiffs sued a hog farm operator on a nuisance theory. Among other things, the plaintiffs requested a determination of the constitutionality of the Michigan right to farm law in view of Bormann v. Kossuth County Board of Supervisors, 584 N.W.2d 309 (Iowa 1998). The Bormann case held that Iowa's right to farm nuisance suit exemption constituted an uncompensated taking of an easement.

The Vasko court found that the plaintiffs failed to allege any facts that would controvert the governmental immunity of the Michigan Department of Agriculture, and also found that the plaintiffs had failed to allege any reasons why Bormann was relevant or applicable to the case at bar.


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