Summary of a Recent
Judicial Development in
Agriculture and Urbanization

Nuisance Claim Barred Against Grain Elevator

Ross H. Pifer
National AgLaw Center Graduate Assistant

In Tibert v. Slominski, 692 N.W.2d 133 (N.D. 2005), the Supreme Court of North Dakota ruled that a nuisance claim was barred against a grain elevator owned and operated by Minto Grain, LLC. The plaintiffs, who owned homes adjacent to the grain elevator, filed suit against the members of Minto Grain, LLC, alleging that the proposed expansion of a roadway bordering the properties of all parties would "generate noise, dust and exhaust fumes that [would] interfere with the Tiberts' use of their properties." Id. at 135. The court stated that N.D. Cent. Code § 42-04-02, commonly referred to as the North Dakota Right-to-Farm Act, provided a shield to protect agricultural operations from nuisance claims. See id. at 136. Rejecting the plaintiffs' argument that the grain elevator was not entitled to nuisance protection due to its organization as an LLC, the court stated that "the nuisance shield extend[ed] to corporations and limited liability companies meeting the definition of agricultural operation." Id. at 137. Accordingly, the court held that the grain elevator was protected from the nuisance claim. See id.

The case was decided on Feburary 16, 2005; this summary was posted June 10, 2005.