[AT] Quick question

[David Bruce]

Just across the river. Ordinances are a bit different but the same type 
of thing has happened here over both farms and businesses (in areas 
zoned for business).

David
NW NC

On 11/13/2015 1:48 PM, charlie hill wrote:
> 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
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