[AT] Quick question

charlie hill charliehill at embarqmail.com
Fri Nov 13 07:41:55 PST 2015


Spencer, talk to your state Representative (NC House).
A few years back near here a subdivision incorporated
and immediately started trying to shut down a hog farm
and grain buying operation just down the road from them.
The farm had been there for 50 years or so before the sub-division.
They pulled the same stuff by continually filling nuisance suits.
Our state rep got involved in it and told the town board if they filled
one more law suit that he would introduce legislation to revoke their
town charter.  That put a stop to it.

Also, have you registered your place in the freedom to farm program?
I haven't registered ours but it's time that I should.

Charlie

-----Original Message----- 
From: Dave Rotigel
Sent: Friday, November 13, 2015 7:36 AM
To: Antique tractor email discussion group
Subject: Re: [AT] Quick question

Hi Spencer, What is it for which you are being sued? Is it always for the 
same thing?
Dave

On Nov 12, 2015, at 10:06 PM, ATIS 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
> _______________________________________________
> AT mailing list
> http://www.antique-tractor.com/mailman/listinfo/at


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