[AT] Quick question

[David Bruce]

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
>
>