APB agenda 112205 - Laserfiche WebLink

Browse Search

is interference witli the rights of a substantial . portion of the community. Oftentimes, the nul- sance is believed to threaten the health and /or safety of community residents. The plaintiff in a court action alleging a public nuisance lni:tst. be a public entity, such as a town board or county or state prosecutor. "Don's and Carol's farm may be the only one left around here, but were all up in arras abort the workers they bring in every surnnier: The noise level at night is awful, especially on Saturday. That camps a nuisance; the neigh- bors -want it closed down." The di.Ienima is obvious. Farmers trying to do their work and neighbors trying to protect their property and lifestyle. What's to be done? I'hey could talk it over. "Fhey could complain to the to�vll supervisor. 'I'11ey might even take the con- flict to court. "',No judge will let you get away with. t1tat! Your f(ITM has caused me nothing but aggravation. Since I moved in here." "We're not doing anything illegal. I have the right to plow my fields, hire workers, and keep animals. Get off my bask." i III SL I . Nuisance suits are often Just that: angry and desperate atteixipts to change some- thing you d.on't like, even if it's legal. But many states arid. localities have decided that farming is a land use that generates value and is worth protecting. To ward oft nuisance suits that would otherwise interfere with farmers' right to farm, many communities have passed legislation pro- 1.9 t tecting tarins troin. private nuisance suits so long as the farm's practices fall. within some rlorin or industry standard. Farmers are riot similarly protected from public nuisance claims. RiGHT-TO-FARM I..,AwS Starting in the 1950s, the appeal of life in the urban fast lane began to wane. People moved from the city to the suburbs in large numbers. The suburbs soon filled to overflowing and spread into rural areas. Some people even skipped over they suburbs altogether and headed straight for the coulitry. Others bought weekend and sum- mer retreats in remote villages and towns. "The scenery is stunning out here. And I just love waking up with the sun." "I feel really close to nature now. I can. smell the grass, hear the birds, and watch the dear feed in my yard. And the best thing is, its safe!" With more people came demand for more hous- es. Soon houses were eating tip farmland. > An.d th-en, C01-ifticts a-rose. "Do we put another strip inall here rind housing development there ?" Tntich tax rev en tie we'll zet ) "Do we preserve open space and farmland"" (and help SUStairt the viability Of ale local agricultural ecnrzon� y and the natural beauty of our landsc CIPO)