[AT] Quick question

[Joe Hazewinkel]

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