Justia Agriculture Law Opinion Summaries

A farm in Talbot County, Maryland, was the subject of nuisance complaints from neighboring residents due to offensive odors and swarms of insects. The farm, owned by Arthur L. Foster, Sr., and later managed by his son, Arthur L. Foster, Jr., began receiving Class A biosolids and soil conditioners from Denali Water Solutions in January 2021. These materials were stored and applied to the farm, causing strong, foul odors and a midge infestation, which led to numerous complaints from nearby residents.The Talbot County Agricultural Resolution Board (the Board) conducted an investigation and held hearings to determine whether the practices at the farm were generally accepted agricultural practices under Talbot County's Right to Farm (RTF) law, Chapter 128 of the Talbot County Code (TCC). The Board found that the application and stockpiling of the materials were generally accepted agricultural practices and issued recommendations to mitigate the odor.The Circuit Court for Talbot County reversed the Board's decision, finding that the agricultural operations on the farm had not been in existence for one year or more when the complaints were filed, as required by Maryland's RTF law, Md. Code Ann., Cts. & Jud. Proc. § 5-403. The court remanded the case to the Board with instructions to find that the operations did not benefit from protection under the RTF laws.The Appellate Court of Maryland reversed the Circuit Court's decision, holding that the expanded use of soil conditioners and biosolids at the farm was a protected activity under both the state and county RTF laws. The court found substantial evidence supporting the Board's decision that the practices were generally accepted agricultural practices and did not violate public health, safety, and welfare.The Supreme Court of Maryland reversed the Appellate Court's decision, holding that the Board's findings were not supported by substantial evidence. The court found that the Board failed to make necessary findings regarding the public health, safety, and welfare impacts of the practices and did not adequately consider whether the stockpiling of materials for use at other locations was a generally accepted agricultural practice. The case was remanded for further proceedings consistent with the Supreme Court's opinion. View "In re: Foster Farm" on Justia Law