Toftoy v. Rosenwinkel

This case presents question as to whether Farm Nuisance Act (Act) provides defendants-cattle farmers with immunity from plaintiffs' lawsuit alleging that defendant's cattle farm was nuisance due to excessive flies that emanated from said farm. Appellate Court found that although defendants had commenced farming operations prior to plaintiffs moving into vacant home, immunity conferred under Act did not apply since at time defendants had purchased their property individuals were living in nearby home on land eventually deeded to plaintiffs, and fact that plaintiffs subsequently demolished said home and built new home on same location did not cause defendant's cattle operation to become nuisance so as to trigger immunity provisions of said Act. (Dissent filed.)