Saturday, March 03, 2007
Ah country life: the Nebraska Supreme Court affirms that even families living in the country are entitled to have their air floating over(head) free from noxious and unnatural impurities , a right as absolute as the right to the soil itself. Johnson v. Knox Cty. Partnership, S-05-853, 273 Neb. 123 Although the defendants' Knox county feedlot complied with zoning requirements, the Nebraska Supreme Court permits a nuisance suit against the feed lot from neighboring residents, who themselves raised livestock. Heres another environmental activist suit that will help drive agricultural businesses out of the state. we conclude that there are genuine issues of material fact as to whether the cattle confinement facility caused a substantial invasion of or interfer- ence with the Johnsons’ private use and enjoyment of their prop- erty. Accordingly, the Partnership and Feeders were not entitled to summary judgment with respect to the private nuisance claim.