The Iowa Supreme Court has reversed a nuisance ruling against a Sioux County, IA, family's 4,000-head hog operation.
Joseph and Linda Gacke sued neighbor Pork Xtra, claiming the operation was a nuisance by causing emotional distress and reducing property values.
The court provided a mixed ruling, says Eldon McAfee, attorney for the defendants.
“The ruling allows for a new trial because hearsay evidence was allowed to be admitted at the trial which was prejudicial to Pork Xtra,” says McAfee. “The court found that written questionnaires submitted by the neighbors included a description of the odors and contained inflammatory statements, which should not have been admitted into evidence. This means the Iowa Supreme Court reversed the judgment against Pork Xtra and returned the case to the district court for a new trial.”