Real Estate
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April 27, 2006
Cherry farm ruled noisy nuisance to neighbors
YAKIMA (AP) — A state appeals court panel has ruled that a cherry orchard is a nuisance to its residential neighbor because it shoots guns and propane cannons to scare birds away from the fruit — an opinion that could have repercussions for farmers in expanding urban areas.
State and county right-to-farm laws do not insulate farmers from liability for nuisances associated with their farm, a three-judge panel of the state Court of Appeals ruled last week. The ruling came despite the fact that Michael and Rhonda Taylor established their farm long before the residential development of Gail and James Davis.
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