Menu

Tony and Anita Knapke received $144,450 for not raising hogs. They got 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 to prevent the building of two new hog finishing units and a manure lagoon. The neighbors' suit claimed the proposed operation would affect their property values and quality of life. The court denied the injunction sought by the neighbors, and awarded the Knapkes money to compensate them for lost income and legal fees.

Farmers and farm groups agree this was a precedent-setting case that is favorable for all livestock producers in Ohio.

The grievance caught the Knapkes by surprise. Anita 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.

"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 as what Boley Hellwarth called "passionate zealots." She said their testimony "had nothing to do with scientific evidence or rational thought."

Engineers, soil scientists, livestock odor experts and water quality specialists presented testimony in the Knapkes’ defense. 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.

He added that he was grateful to Cooper Farms and the 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."