Week 6 - Valasek v Baer Discussion - Week 6 Group 3

In the case of Valasek v. Baer (1987), plaintiff(s) are neighboring property owners seeking to enjoin a third neighbor, Richard Baer from spreading waste from his hog farmland to nearby properties. The defendant (Baer) owns roughly 400 acres, both on the west and east side of Blacktop Road. The plaintiffs argues that the spending of the manure was done several times a year, creating “highly obnoxious odors” that last from several days to weeks. The plaintiffs described the odor as “nauseating”, “pungent”, “sickening”, “worse than pig manure.” The district court found that Baer’s manure spread on the portion of property near the plaintiff’s homes did in fact constitute a nuisance, in which the court of appeals confirmed. Because the defendants hog operation was a lawful business and carried in ordinance, the standards did not suit a nuisance. The Iowa Supreme Court found that the plaintiff’s injunction was excessive. The defendant will be allowed to continue his hog operation and speeding of manure with respective limitations to the plaintiff’s properties.

In my opinion, both arguments in this case were seemingly justified. The plaintiffs argument for the scent disturbance surrounding their properties would be enough to cause an upset. The defendant though is well within his rights to continue his manure operation. The final decision from the Iowa Supreme Court found the injunction of the plaintiffs to be both appropriate but excessive. Reaching a compromised decision that serves both parties favorably, I find this case to be just.