Menu

Ohio livestock farmers have some new assurances and new questions following the conclusion of a legal battle over construction of a hog farm.

About four years ago, Tony and Anita Knapke of Darke County were sued for $10 million by neighbors seeking to stop their construction of a hog finishing facility. The neighbors claimed the hog farm would harm property values. The Knapkes counter-sued for legal fees and lost income. Last year, the court found in the Knapke’s favor and awarded them $144,500, primarily for lost income during the two years the case took to resolve.

Upon appeal by the neighbors, the appellate court said the Knapkes were within their rights to construct the hog farm, but also ruled that the damages would be limited to only $500.

Ohio State University’s Agricultural Law Newsletter explains that under Ohio law, individuals who sue to stop a potential nuisance are required to post a minimum $500 bond to cover the defendant’s legal fees or damages if the injunction is denied. The appeals court "read this provision of the law as a limitation on the amount of damages a defendant could recover, holding that the trial court was not authorized to award more than the amount of the bond." The Knapkes had requested a higher bond amount, but the judge never ruled on that request.

The appeals court also denied reimbursement of legal fees because most of the Knapke’s legal expenses were paid by Cooper Farms, a livestock contractor, and the Family Farm Support Fund of the Ohio Livestock Coalition (OLC).

Farm Bureau’s David White, OLC executive director, said despite the lower financial award, this case is still a victory for the livestock industry. "The court did uphold the Knapke’s right to build a hog farm, and that’s the most important thing. That’s a precedent," he said.

"What this brings to light is that if (farmers) are sued in the future, regarding similar situations, they should work with their attorney to advise the judge that this bond needs to be posted higher, because we would suffer more than $500 worth of damages from lost income," White added.

However, the OSU newsletter said that judges have the authority to set the bond amount and effectively cap the defendant’s potential damages.

The newsletter also advised that "Defendants of such suits should take care to directly pay attorney fees themselves to ensure that the fees will be included in an award against the plaintiffs."