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John Larkin, Inc. v. Marceau
Vermont Supreme Court
184 Vt. 207, 959 A.2d 551 (2008)
Facts
Real estate developers, John Larkin, Inc., and Larkin Family Partnership (Larkin) (plaintiff), own land next to Edward Marceau (defendant), a neighbor who operated an orchard. Marceau sprayed pesticides in his orchard, and some of the pesticides drifted on to Larkin’s property. There was no physical impact to Larkin’s property. Larkin intended to build residential property on Larkin’s land and sued Marceau for nuisance and trespass. Marceau argued that Larkin’s trespass suit was really a nuisance suit and was thus subject to the right-to-farm law. The right-to-farm law established a presumption that farming activities, like spraying pesticides, were not nuisances. Larkin’s nuisance claims were dismissed, and the case proceeded solely on a trespass theory. The trial court ruled in favor of Marceau. Larkin appealed.
Rule of Law
Issue
Holding and Reasoning (Johnson, J.)
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