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Judge Dismisses Nuisance Complaint Against Maxwell Farms


Randolph County Circuit Court Judge Marianne L. Vorhees dismissed the case against Maxwell Farms of Indiana and local farmers on January 22, granting summary judgment after finding no evidence of negligence on the part of Maxwell Farms or its contracted operators. Four similar nuisance suits against the company were dismissed by Judge Vorhees in 2014. “Our employees and contract growers go above and beyond to comply with regulations that protect the environment,” said Bob Ivey, President of Maxwell Farms. “We take pride in being a good neighbor, and this court ruling supports that fact.”

All five nuisance suits were filed by attorneys Richie Hailey of Indianapolis, Charles Speer and Britt Bieri of Kansas City, and Richard Middleton of Savannah, Georgia. These attorneys initiated the cases in 2009, declaring Randolph County as “ground zero” for stopping the way Indiana farmers raise hogs. The Indiana Right to Farm Act requires nuisance suits to be filed within one year after the agricultural operation begins, unless the nuisance is the result of negligence.