Summary of a Recent
Judicial
Development in
Agriculture and Urbanization
Neighbors of Hog Confinement Operation
Entitled to Monetary Damages
Ross H. PiferNational AgLaw Center Graduate Assistant
In Stephens v. Pillen, 681 N.W.2d 59 (Neb. Ct. App. 2004), the Court of Appeals of Nebraska ruled that four large hog confinement operations constituted a private nuisance as a result of odors emanating from the confinement facilities. See id. at 62. Partially reversing the lower court's order, the court ruled that some of the neighbors of large hog confinement operations were entitled to monetary damages, stating that "there [was] no dispute in this case that the district court had the authority to award monetary damages." Id. at 66. The court further stated that general damages, which are those damages for which "a court cannot point out any measure of damages for things such as discomfort, annoyance, or inconvenience," were "recoverable in a nuisance action." Id. at 66-67. Therefore, the court concluded that those plaintiffs who "presented sufficient testimony to establish significant damage to their way of life and their quality of life as a result of the nuisance" were entitled to recover monetary damages. Id. at 67. Conversely, the court concluded that those plaintiffs who did not present testimony "about any significant impact on [their] daily activities, way of life, or quality of life" were not entitled to recover monetary damages. Id.
The case was decided on June 15, 2004]; this summary was posted June 10, 2005.