04/26/06 Noise Nuisance

Nuisance law predicament. I'm Greg Martin with today's Fruit Grower Report. When does noise become a nuisance? According to a ruling last week in Yakima, noise used to drive birds away from a cherry orchard is a nuisance. For Michael and Rhonda Taylor their "right-to-farm," a state and county law, does not insulate them from the noise issue. The Taylor's' use propane cannons and guns to startle birds away from their orchard. A three-judge panel found that the Taylor's' changed from apples to cherries after a residential development was built near them. Apples do not require the cannons. Since the change was made after the establishment of the other residences, the panel ruled the noise was a nuisance and was not part of their "right-to-farm." Also, the Taylor's do not live on the property but other residents built homes around the then apple orchard because of the quiet, pastoral setting. But James Elliott, the attorney for the Taylors, said state and local right-to-farm laws protect farmers from nuisance complaints as long as they use generally accepted farming practices. Propane cannons and cherry guns are generally accepted, he said. Elliott said his client hasn`t decided whether to appeal. He can ask the appeals court to reconsider its decision or appeal to the state Supreme Court. Elliott said the opinion would unfairly prevent farmers from converting their crops to something more profitable, as his client did in switching to cherries. It could also stop cherry growers who currently use foil to keep birds away from adopting cannons if a non-farmer moved next door before the change. That's today's Fruit Grower Report. I'm Greg Martin on the Northwest Ag Information Network.