Stickdorn v. Zook, et.al.
Factory farms pose a significant threat to public health and the environment. These farms run the risk of releasing massive quantities of bacteria, nutrients and other harmful pollutants to the surrounding waters. By concentrating too much manure on too little land, factory farms often cause water and air pollution. This pollution threatens drinking water supply and impacts the surrounding community’s quality of life.
Concentrated Animal Feeding Operations (CAFOs) are the biggest of the factory farms and are not regulated in Indiana unless they are designated as a medium or large CAFO. The size of the CAFO is based on the number of animals confined; for example, 200-699 mature dairy cows, 750-2,499 hogs or 37,500-124,999 chickens.
A CAFO can produce as much waste as a small city. However, they are permitted to store this waste in open-air lagoons with little or no treatment. CAFOs and other large livestock facilities often spread manure on nearby cropland at unsustainable rates, leading to manure spills, fish kills and groundwater contamination.
A dairy operation just under the animal threshold was built next to the home where Eric and Lisa Stickdorn had lived in since 1994. In March and September 2004, shortly after the dairy operation was built, the Stickdorns discovered that the CAFO owner was discharging animal manure and parlor wash directly into a drainage tile. The drainage tile leached into a tributary of Symonds Creek, which runs through the Stickdorns’ property and into the shallow aquifer that feeds their drinking water well.
Water testing on both occasions confirmed high levels of ammonia-nitrogen (8 ppm), e-coli and dissolved oxygen, rendering the water unsuitable for livestock or human consumption. Ultimately, the Indiana Department of Environmental Management (IDEM) refused to take any action because the operation was “too small” and not subject to regulation.
The Stickdorns were forced to move from their home into an apartment because of the noxious fumes that contained high levels of hydrogen sulfide, ammonia and particulate matter. The fumes were originating from the operation’s open slurry pit that was constructed 250 feet from the Stickdorns’ property line and land application of manure adjacent to their home. Seeking relief, the Stickdorns contacted LEAF for help.
On November 9, 2009, LEAF filed a Complaint with the Wayne County Circuit Court based on claims of nuisance, negligence, gross negligence and trespass. On behalf of the Stickdorns, the lawsuit requested compensatory damages, punitive damages and injunctive relief. Represented by D.C. lawyers who also represented Big Agriculture, the original owners of the dairy argued that the suit accrued on the day the dairy was built and, therefore, the neighbors’ suit, filed more than six years later, was time-barred. The trial court agreed and dismissed the Stickdorns’ case.
Because the case was dismissed based on the statute of limitations, the trial court did not hear evidence about the repeated manure spills, water quality violations and noxious odors that the neighbors alleged were caused by the CAFO owners’ continued improper waste storage, disposal and management practices. In response, LEAF appealed the trial court’s decision to the Indiana Court of Appeals. LEAF contends that if the trial court’s decision is not overturned, a dangerous precedent will be set, limiting the rights of landowners to protect themselves and their property from this polluting industry.
Animal Abuse at CAFOs:
CAFOs pose serious environmental threats and reduce farm animals to mere commodities. While most people are upset by the treatment of animals in puppy mills, most ignore the fact that cows, pigs, turkeys, ducks, sheep and chickens also feel pain and suffering. To better understand the torture farm animals endure on factory farms, watch PETA’s video, Meet Your Meat:




