[AT] Quick question

charlie hill charliehill at embarqmail.com
Fri Nov 13 07:55:43 PST 2015


Spencer,  I had another thought.  Maybe you could put in some stables and 
start boarding horses and giving riding
lessons.  Then the folks in the McMansions would love you.   Maybe a petting 
zoo or some other sort of agri-tourism.
There is nothing like the eyes of a little child to change parents hearts 
and opinions.

Charlie

-----Original Message----- 
From: Joe Hazewinkel
Sent: Friday, November 13, 2015 6:42 AM
To: Antique tractor email discussion group
Subject: Re: [AT] Quick question

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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