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WEINHOLD v. WOLFF

No. 94-1589.

555 N.W.2d 454 (1996)

Dennis WEINHOLD and Ruth Weinhold, Appellees, v. Norman WOLFF and Pam Wolff, Appellants.

Supreme Court of Iowa.

Rehearing Denied November 18, 1996.

Attorney(s) appearing for the Case

James A. Pugh, Lori L. Koop, and Edward G. Parker of Morain, Burlingame, Pugh & Koop, West Des Moines, and James W. Gailey, Newell, for appellants.

Willis J. Hamilton of the Hamilton Law Firm, P.C., Storm Lake, for appellees.

Eldon L. McAfee of Beving, Swanson & Forrest, P.C., Des Moines, for amicus curiae Iowa Pork Producers Association.

Christina L. Gault of the Iowa Farm Bureau Federation, West Des Moines, for amicus curiae Farm Bureau.

Considered en banc.

LAVORATO, Justice.

Landowners in close proximity to a commercial hog feeding and hog confinement facility sued the owner of the facility. The landowners alleged nuisance and negligence and prayed for damages and injunctive relief. The facility owner answered, asserted affirmative defenses, and counterclaimed. The parties tried the case to the court solely on the landowners' nuisance claim. Following trial, the district court concluded the landowners had proven the...

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