U.S. Supreme Court Upholds Protections Of Right-To-Farm

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Co-Alliance is thankful that today the United States Supreme Court denied the Plaintiffs’ Petition for Certiorari in the Himsel v. Himsel case upholding the protections from nuisance claims afforded by Indiana’s Right to Farm Act (“RTFA”). Today’s decision means that the April 22, 2019 Indiana Court of Appeals Judgment stands as the final decision in this matter.

“As painful and expensive as this five year litigation has been for the Himsel Defendants and Co-Alliance, the case has ultimately strengthened the Right to Farm Act protections for Indiana farmers and provides an important Agricultural legal precedent for Right To Farm protections across the country.” said Elizabeth South, Vice-President and General Counsel of Co-Alliance.

Kevin Still, President and CEO of Co-Alliance stated, “On behalf of Co-Alliance, we are so pleased for Sam, Cory and Clint Himsel and their families that this long-battle has concluded in our favor. Throughout this difficult process the Himsel family farm has continued the hard work of farming and raising livestock. However, this litigation has not come without costs both personal and financial for all of the Defendants, and therefore Co-Alliance will be pursuing a case for attorney’s fees against the Plaintiffs who are represented by an attorney from Hoosier Environmental Council for this protracted litigation.”

Vice-President of Swine and Animal Nutrition for Co-Alliance, Dewey Bucher states “I am glad the litigation has concluded, and am proud that Co-Alliance stood side-by-side with its growers fighting for the preservation of rights for all farmers in Indiana. This decision not only strengthens livestock growers’ protections, but ultimately also benefits row crop farmers as much of their Indiana grown grain is converted to feed for livestock.”

Sam Himsel, on behalf of his entire family, stated that “Our family has lived with this stressful lawsuit since October 2015. We are relieved that our farming way of life and multi-generational agricultural livelihood can continue uninterrupted and be passed on to my grandchildren.

We hope the United States Supreme Court decision to not take this case, helps farming rights for future generations of Hoosier farmers. We greatly appreciate all of the support that we have received from Co-Alliance, the agricultural community and our lawyers who fought for us from day one and who prevailed at the trial court, the Indiana Court of Appeals, the Indiana Supreme Court, and now finally at the Unites State Supreme Court.”

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