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WOOTTEN v. IVEY

1011384, 1011385.

877 So.2d 585 (2003)

Jeffrey WOOTTEN and Marty Wootten v. Toney IVEY et al. Gold Kist, Inc. v. Toney Ivey et al.

Supreme Court of Alabama.

September 19, 2003.

Attorney(s) appearing for the Case

William W. Lawrence and Blake Lazenby of Wootten, Thornton, Carpenter, O'Brien, Lazenby & Lawrence, Talladega, for appellants Jeffrey Wootten and Marty Wootten.

Michael C. Quillen of Walston, Wells, Anderson & Bains, LLP, Birmingham; and Albert L. Shumaker of Shumaker & Rice, Centre, for appellant Gold Kist, Inc.

M. Clay Ragsdale IV, Birmingham, for appellees.

BROWN, Justice.

Jeffrey Wootten, Marty Wootten, and Gold Kist, Inc., appeal from an order of the DeKalb Circuit Court restraining and enjoining them from restocking their hog farm pending the submission of an odor-management plan that meets the court's approval. We reverse and remand.

Facts and Procedural Background

On September 7, 1999, Toney Ivey, Brenda Ivey, and Casey Ivey sued Jeffrey Wootten, Marty Wootten, and Gold Kist, Inc. (hereinafter...

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