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Tony and Anita Knapke are getting $144,450 for not raising hogs. They’re getting it because instead of spending time building new finishing barns, they were forced to spend time in a courtroom.

The Darke County Farm Bureau members were the target of a $10 million lawsuit by three neighbors in 1998. The neighbors sued the Knapkes for considering building two new finishing units and a manure lagoon. The neighbors' suit claimed that the proposed operation would affect their property values and quality of life. The court denied the injunction sought by the neighbors, and last month awarded the Knapkes the money to compensate them for lost income and legal fees.

Farmers and farm groups agree that this is a precedent setting case that is favorable for all livestock producers in Ohio. For the Knapkes, it was extremely personal.

The grievance caught the Knapkes by surprise. Anita, who was 8 ½ months pregnant at the time, learned about it when a local newspaper called and asked for the couple's reaction to being named defendants in the $10 million class action suit. When she told Tony, "I sat on the couch in a state of shock, in disbelief," he said. His first clear thought was: "Who do I get for a lawyer?"

"This was nothing more than an intimidation lawsuit," according to Leisa Boley Hellwarth, the attorney defending the Knapkes. "This was all about a rural power struggle." According to Boley Hellwarth, the people who filed the suit "had big homes in the country and were used to having lots of influence. They just didn’t want the hog operation in their neighborhood and thought the Knapkes would fold when they brought the suit." Their strategy backfired.

Under Ohio law, plaintiffs who seek an injunction against a defendant are liable for damages if the injunction is not granted. The entire episode played out during nearly four years before the judge’s final action awarding the money to the Knapkes.

During the hearings, the plaintiffs attempted to make their case with what Boley Hellwarth called "passionate zealots." She said their testimony, "had nothing to do with scientific evidence or rational thought."

Testimony in the Knapkes’ defense was presented by engineers, soil scientists, livestock odor experts and water quality specialists. Perhaps most influential was the Knapkes’ own track record. They were already managing 180 sows on the family farm with no environmental problems or neighbor complaints. "Your reputation and past performance will have an effect on how you’re judged," Tony Knapke said.

Knapke added that he was grateful to Cooper Farms and Ohio Livestock Coalition (OLC) for their assistance throughout the ordeal. Cooper is a contractor with which the Knapkes now produce both hogs and turkeys, and which paid a significant portion of their legal expenses. OLC also contributed through the group’s family farm support fund.

This is a huge victory for family livestock farmers in Ohio, according to David White, OFBF director of commodity relations and OLC executive director. "This sends a clear message to people who might file a suit to stop newly proposed or expanding livestock operations. It says you’d better have a case because judges will put you to the test."