[AT] Quick question

ATIS yostsw at atis.net
Fri Nov 13 04:31:27 PST 2015


Thanks for all the replies!  I have answered them below.    Sorry it is so long.

First:  The courts do not grant legal fees unless there is suit specifically for it or the behavior from the plaintiffs and their legal counsel is egregious that you can file a motion to sanction.   We have filed one of those this go round because they re-filed a complaint that has already been dismissed.   We'll see where that heads.

Second:  Yes - winning is not the point.   See below on what I really think is happening

Third - Yes - This is a right to farm state but that only means you are more likely to win, it does not protect you from the very expensive process of defending those suits.   Plus my neighbors are careful to sue on periphery issues.   See below.

Fourth - Funny thing about the pigs - I mentioned it to my local Ag agent and Fed farm agent as a joke and he said - sure you could.  So I have actually been cleared for a feeder pig operation - up to 250 animals.  I was hoping that fact would slow them down but it didn’t.

Fifth - What am I being sued for?   What haven’t I!  They are generally pretty careful to use complaints and issues that are not directly attacking the farming operation itself. I presume they do this to maximize the amount of time my lawyer would have to spend on them.  The complaints are all centered around loss of value (farming district so not my problem), improper surveys(there are none), improper subdivision and platting of the land(latest to be dismissed), using industrial style fencing instead of agricultural( which I don't obviously), just whatever BS they can come up with that might require subjective judgment from the courts and would require money to defend. That sort of thing.    

The neighboring large landowner who owns many tracts around the county and used to farm passed a few years ago.   His adult children(my age) have been developing them.   I believe; as does my lawyer, these adult children have established an evil alliance with the two McMansion neighbors suing.   The ultimate goal is developing the neighboring tract to further boost and solidify values for the new development and the MacMansion neighbors.

They did tangle with the wrong guy though.   They'll get my farm from my cold dead fingers.

Thanks again for listening!

Spencer Yost

> On Nov 13, 2015, at 6:42 AM, Joe Hazewinkel <jahaze at aol.com> wrote:
> 
> Spencer,
> 
> I assume you are not in a "right to farm" state?  Here in Michigan you cannot sue a farm operation unless it's something especially bad, like a poorly constructed manure pit flooding your basement.
> 
> If it's the same landowner over and over again, can you counter sue for harassment?  I would think your legal team should be able to collect their fees from the people bringing the suit if/when they loose.  If they have to pay your costs each time, they might stop doing it.
> 
> Enjoy, Joe
> 
> Sent via mobile device
> 
> On Nov 12, 2015, at 10:06 PM, ATIS <yostsw at atis.net> wrote:
> 
> Just a quick question:    I have a completely legal farm:   Properly zoned, above the minimum size, and part of an agricultural district.    I am constantly getting sued by the mac-mansion neighbors around me.   They always lose and in fact the last time the judge dismissed "with prejudice".   I assumed that would keep anyone from suing but it doesn't.   It just means I  win but I still have to spend money to defend it.  In fact, I was served yet again with a lawsuit early this week.
> 
> In short:  There does not seem to be a disincentive built into the system to prevent suits - even if I keep winning.  My legal team - who keeps winning so I am biased towards listening - says filing a suit against the neighbors for frivolous lawsuits would probably fail.  They say the court requires "malice and callous disregard for the merits" for that to stick and it's a high bar to prove.  The fact they won't take that on contingency sort of proves to me they believe what they say.  A second opinion I sought supported their position. 
> 
> Anyone else who is farming on this list that is running up against this?   Just curious.   The legal bills are becoming onerous and everyone I talk to locally has not seen this.
> 
> Spencer Yost
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