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DAVIS v. TAYLOR

No. 24041-0-III.

132 P.3d 783 (2006)

132 Wash.App. 515

James DAVIS and Gail Davis, husband and wife, Appellants, v. Michael TAYLOR and Rhonda Taylor, husband and wife, Respondents.

Court of Appeals of Washington, Division 3.

April 20, 2006.

Attorney(s) appearing for the Case

Robert E. Jr. Lawrence-Berrey, Attorney at Law, Yakima, WA, for Appellant.

James Stephen Elliott, Velikanje Moore & Shore PS, Yakima, WA, for Respondent.

SWEENEY, C.J.

¶ 1 State and county right-to-farm laws insulate farmers from liability for nuisances that preexist residential development. Here, after a neighboring residential development had been well established, the defendant farmers changed their orchard from an apple orchard to a cherry orchard and then started using loud guns to scare away birds. The trial judge concluded that Yakima County's version of the right-to-farm law accommodated this new noisy...

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