In a 4-3 decision Thursday, the Iowa Supreme Court reversed an 18-year-old precedent how nuisance lawsuits against livestock producers should be judged. In the case of Garrison v. New Fashion Pork, LLP and BWT Holdings, LLP, the state’s high court overruled decisions in 2004 and 2018, which held that in nuisance cases, judges must rule on the constitutionality of nuisance defense for each individual person suing the animal feeding operation using a three-factor test.
According to attorney Eldon McAfee, who represented the…
