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Right to farm law prevents nuisance suit

September 28th, 2013 by Joseph William Singer

In Toftoy v. Rosenwinkel, 983 N.E.2d 463 (Ill. 2012), the court enforced the state right to farm act to prevent a homeowner from suing a neighboring cattle farm for creating a nuisance. The home owner tried to get around the right to farm statute by arguing that the farm was established after the house had been present. But the court focused on the fact that the the tenant had moved out of the house before the farm was established and that only after the farm was in operation did the home owner demolish the house, build a new one, and move in. The court found that the plaintiff had come to the nuisance despite the fact that a house had been on the property before the farm was established and that the purpose of the right to farm law was to codify the “coming to the nuisance” defense to any nuisance claim.

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