Nuisance Law and Agricultural Operations in Indiana.

Mondaq Business Briefing | April 8, 2005 | Copyright

Originally published July 2004

Blackstone taught "if a person keeps his hogs, or other noisome animals, so near the house of another, that the stench of them incommodes him and makes the air unwholesome, this is an injurious nuisance, as it tends to deprive him of the use and benefit of his house." 3 William Blackstone, Commentaries, * 217. Blackstone wrote this statement in a day when "hogs" likely referred to three, four, or maybe a dozen swine. If Blackstone were alive today, he would likely be amazed by the size--and indeed the size of the smell--of a modern hog ...

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