The Village of LaFayette v. Brown

Village enacted ordinance which declared commercial farming within Village boundaries to be a nuisance. Village then pursued action against Defendants, seeking conviction for violation of ordinance. After bench trial, court found Defendants not guilty of violating ordinance on grounds that Village failed to prove notice; but court issued injunction prohibiting further commercial farming on property. Defendants had, nine months prior to enactment of ordinance, purchased 57-acre farm, which had previously been a tree nursery, at public auction.Six acres of farm were within Village boundaries, and Defendants were preparing farm for growing corn and soybeans. Farm Nuisance Suit Act applies, as land had previously been used for agricultural and horticultural purposes. Act preempts Village ordinance from being applied to Defendants' farming operations. (HOLDRIDGE, specially concurring; LYTTON, dissenting.)