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Himsel v. 4/9 Livestock, LLC

Certiorari Denied

Petition for certiorari denied on October 5, 2020.

Docket No.20-72
Op. BelowInd. Ct. App.

Issue

Whether a state statute violates the takings clause of the United States Constitution when it provides complete immunity from nuisance and trespass liability for an industrial-scale hog facility newly sited next to long-standing family homes, even though the facility causes noxious waste substances to continuously invade those homes, making it impossible for the families to use and enjoy their properties where they have lived for decades.

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