As the fifth hog nuisance lawsuit was nearing a close this week in a Raleigh federal courtroom, an appeals court in Virginia received an amicus brief for the first lawsuit that involved the farm of Billy Kinlaw in White Oak.
Kinlaw Farms was raising about 15,000 pigs in the White Oak community off N.C. 53. The trial ended in late April with jurors awarding $50 million.
Three other cases have ended since, all in favor of plaintiffs.
In the filing Tuesday in Richmond, Virginia, at the Fourth Circuit Court of Appeals, the brief was filed by the American Farm Bureau Federation, National Pork Producers Council and the N.C. Farm Bureau Federation. Lawyers said the N.C. Right to Farm Act of 1979 protects the farmers from these kinds of lawsuits.
Additionally, it argued against punitive damages, which get awarded when there is “fraud, malice, or willful or wanton conduct.” The statute says, “it means more than gross negligence.” The brief was clear that the farm had complied with the state’s comprehensive regulations and industry-wide best practices.
The litigators argued that the ruling sets up the scenario for farmers anywhere to be sued for nuisance.
Also questioned was the jury pool, chosen from members of an urban area who were not allowed to visit a farm.
The case ongoing in Raleigh is the second involving the farm of Joey Carter of Beaulaville. In closing arguments, Michael Keaske asked the jury to award each of 10 neighbors to the farm compensatory damages of between $30 million and $50 million.
The named defendant in the case is Murphy-Brown, a subsidiary of Smithfield Foods.
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