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SIMPSON v. KOLLASCH

No. 05-1410.

749 N.W.2d 671 (2008)

Barry C. SIMPSON and Stacy Simpson, Husband and Wife, David Gerber and Kathy Gerber, Husband and Wife, Jeremy Walker and Kayla Walker, Husband and Wife, Jeff Weber and Tracy Weber, Husband and Wife, Leroy F. Weber and Audrey H. Weber, Husband and Wife, Ken Witham and Cindy L. Witham, Husband and Wife, Terry W. Warmbier and Carol Warmbier, Husband and Wife, Howard P. Swanson and H. Aileen Swanson, Husband and Wife, Eugene K. Lemkee and Sharon Lemkee, Husband and Wife, Duane Heinen and Sharon K. Heinen, Husband and Wife, Earl Loss and Juanita Loss, Husband and Wife, Thomas M. Altman and Marlene Altman, Husband and Wife, J.W. Gardner and Karen Gardner, Husband and Wife, Ronald Frankl and Pamela Frankl, Husband and Wife, Bob Casey and Trish Casey, Husband and Wife, Richard N. Kohlhaas and Richard G. Thompson, Appellants, v. Luke KOLLASCH, Charlie Kollasch, Kollasch Land and Livestock, Inc., General Development, L.L.C., a/k/a General Development Corp., Donald R. Tietz, John Mertz, Nicholas Berte, Dean Berte, Kevin Berte and Craig Berte, Appellees.

Supreme Court of Iowa.

March 28, 2008.

Attorney(s) appearing for the Case

David J. Stein, Jr. and David J. Stein, Sr. of Stein Law Office L.L.P., Milford, for appellants.

Sean P. Moore and Michael R. Blaser of Brown, Winnick, Graves, Gross, Baskerville & Schoenebaum, P.L.C., Des Moines, for appellees.

STREIT, Justice.

No one wants to live near a hog confinement operation. Neighbors of two proposed hog confinement facilities filed an anticipatory nuisance claim against the developers of the confinement facilities and the owners of the land where manure from the operations was to be spread. While the neighbors raised legitimate concerns, our role in this case is not akin to a zoning board. An injunction based on an anticipatory nuisance is an extraordinary remedy...

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