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Property Keyed to Saxer
Trickett v. Ochs
Facts
Defendants were in the business of growing and selling apples from their apple orchard. The orchard included a residence used as a homestead and a farmhouse used to store the apples. In 1992, Defendants sold the residence to Plaintiffs. The residence was located immediately across the road from the barn. At the time of purchase, Defendants’ use of the barn did not bother Plaintiffs because Defendants immediately shipped the apples out of the barn. However, in the mid-1990s, Defendants began waxing and storing the apples on-site in refrigerated tractor-trailer trucks. In the winter, tractor-trailer trucks arrived at the barn before dawn and throughout the day to pick up the apples. This new activity resulted in increased noise and light glare at the plaintiff’s residence. In August 1997, Plaintiffs complained to the zoning administrator, but these complaints were dismissed. In November 2000, Plaintiffs filed a nuisance suit against Defendants seeking an injunction and damages. The superior court found that the jurisdiction’s right-to-farm law barred Plaintiffs’ suit.
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