[AT] Quick question

charlie hill charliehill at embarqmail.com
Fri Nov 13 10:48:33 PST 2015


Thanks David,  I couldn't remember.

Charlie

-----Original Message----- 
From: David Bruce
Sent: Friday, November 13, 2015 11:18 AM
To: Antique tractor email discussion group
Subject: Re: [AT] Quick question

Spencer is in Forsyth not Yadkin. But even here we do have some of the
same issues. Forsyth is more developed so more issues.

David
NW NC

On 11/13/2015 10:53 AM, charlie hill wrote:
> I commented in a different message about "freedom to farm" and that was 
> the
> wrong terminology.
> In my county they call it "voluntary agriculture districts" and an active
> farm can declare it's self as
> a district.  Looking online I found this for Yadkin Co. NC (Spencer's Co. 
> I
> think?) and I suspect Spencer
> is well aware of this but I'll pass it along for others.
> https://www.cals.ncsu.edu/wq/LandPreservationNotebook/PDFOrdinances/Yadkin.pdf
>
> -----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
> _______________________________________________
> AT mailing list
> http://www.antique-tractor.com/mailman/listinfo/at
>
> _______________________________________________
> AT mailing list
> http://www.antique-tractor.com/mailman/listinfo/at
>
> _______________________________________________
> AT mailing list
> http://www.antique-tractor.com/mailman/listinfo/at
>
>


_______________________________________________
AT mailing list
http://www.antique-tractor.com/mailman/listinfo/at 




More information about the AT mailing list