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TRAVIS v. PRESTON

Docket No. 221756.

635 N.W.2d 362 (2001)

247 Mich. App. 190

Pete TRAVIS, Edna Travis, Richard Johnson, and Patricia Johnson, Plaintiffs-Appellees, v. Keith PRESTON and Glenn Preston, d/b/a Preston Farms, Defendants-Appellants.

Court of Appeals of Michigan.

Decided August 21, 2001, at 9:00 a.m.

Released for Publication October 31, 2001.

Attorney(s) appearing for the Case

Stevens & Hayes (by Joseph W. Hayes), Coldwater, for the plaintiffs.

Biringer, Hutchinson, Van Doren, Lillis & Bappert, P.C. (by John D. Hutchinson), Coldwater, for the defendants.

D. Haywood & Associates, P.C. (by David J. Haywood and Mark A. Cooley), Lansing, for Amicus Curiae Michigan Farm Bureau.

Before TALBOT, P.J., and SAWYER and MARKEY, JJ.

MARKEY, J.

In this case regarding alleged odors and fumes emanating from defendants Keith and Glenn Preston's hog-farming operation, Preston Farms, defendants appeal by right the trial court's order of judgment, entered after a bench trial, awarding plaintiffs Pete and Edna Travis $29,000 in damages and plaintiffs Richard and Patricia Johnson $29,000 in damages. We reverse and remand.

After defendants began a hog...

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