Summary of a Recent
Judicial Development in
Agriculture and Urbanization

Hog Confinement Operations Ruled to
Constitute a Private Nuisance

Ross H. Pifer
National AgLaw Center Graduate Assistant

In Stephens v. Pillen, 681 N.W.2d 59 (Neb. Ct. App. 2004), a group of eighteen plaintiffs filed suit against the owners of four large hog confinement operations, alleging that the odor from the operations constituted a private nuisance. The Court of Appeals of Nebraska stated that "one is subject to liability for a private nuisance if, but only if, his or her conduct is a legal cause of an invasion of another's interest in the private use and enjoyment of land and the invasion is intentional and unreasonable." Id. at 65. The court found that the defendants had acted intentionally because they were aware "that the operation of these facilities was causing an interference with the plaintiffs' enjoyment of their land." Id. The court also found that "the interference with the plaintiffs' enjoyment of their land was substantial and unreasonable." Id. at 66. Thus, the court concluded that "the defendants' operation of these facilities constituted a knowing and intentional nuisance." Id. Accordingly, the court ruled that injunctive relief had been appropriately granted by the lower court. See id. at 62.

The case was decided on June 15, 2004; this summary was posted June 10, 2005.