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Tuesday, May 3, 2016

SR man files nuisance suit on hog site

Monday, January 17, 2005

A Sioux Rapids rural resident, Tim Humes, has filed a nuisance suit in Buena Vista County court against hog facilities that adjoin his property at 1668 440th Street in Lee Township near Sioux Rapids. Defendants are hog producers New Fashion Pork and Spartan Farms, Inc., along with Stalcup Agricultural Service.

According to court documents, New Fashion Pork, also known as the Bloom facility, is the owner of a 4,000 head hog operation. Spartan Farms, also known as Halverson West, is a 4,200-head hog operation titled to Ingrams, Inc. which is immediately southwest of Humes' residence.

Also named in the suit is Stalcup Ag of Storm Lake, with claims that the company has applied manure to his property without his permission.

According to the suit, New Fashion Pork produces 1.2 million gallons of manure annually, stored in a deep pit manure storage structure. Spartan Farms produces 1.3 million gallons annually.

Humes purchased the property in 1999. He claims in the suit that his purchase was prior to the construction of either of the two hog facilities.

He mentioned issues of odor, dirt, flies, biosecurity and potential adverse health consequences that result from the hog operations near his home. He claims that the defendants have diminished the value of the property and deprived him of enjoyment of the property.

Through his attorney, Tim Humes claims that there has been a condemnation by nuisance of his property, without just compensation and without due process. He also calls for a permanent injunction ordering the defendants to cease or modify their operation of the hog facilities. He also request compensatory and punitive damages. The suit was filed on Jan. 4.

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