1. Home
  2. Browse Decisions
  3. S.W.3d
  4. 111 S.W.3d
  5. 111 S.W.3d 32 (2003)
 

HOLUBEC v. BRANDENBERGER

No. 01-1214.

111 S.W.3d 32 (2003)

David HOLUBEC and Mary Holubec, Petitioners, v. Carl BRANDENBERGER, Individually and as Next Friend of Payton Brandenberger and Carson Brandenberger, Kathy Brandenberger, William R. Lee, Laverne Lee, and R & J Livestock Company and Batesville Farming Company, Respondents.

Supreme Court of Texas.

Decided May 22, 2003.

Rehearing Denied August 21, 2003.

Attorney(s) appearing for the Case

Ed Small, Matt Dow, Zachary Stone Brady, Jackson Walker LLP, Austin, Terry R. Norman, Kyle Rodney Sikes, Brady, for petitioners.

Jack W. Lee, Mason, Richard T. Miller, Law Office of Richard T. Miller, San Saba, for respondents.

Chief Justice PHILLIPS delivered the Opinion of the Court.

In this appeal, we explore the contours of the Right to Farm Act's affirmative defense against claims that agricultural operations are a nuisance. The Act provides that "[n]o nuisance action may be brought against an agricultural operation" that has been in lawful operation for more than a year "if the conditions or circumstances complained of as constituting the basis for the nuisance action have existed...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases