Environmental Nuisance Lawsuit Summary, Essay Example

In response to the lawsuit transcript, it is important to identify the key arguments at stake, and to draw viable conclusions regarding the judge’s ruling. In this case, it is evident that both parties possess viable arguments relative to the manure odor and potential interference with water supplies, and that this is an infringement upon the rights of the neighbors. The farm owner must be mindful of his surroundings and how his business may interfere with neighbor living if not managed properly. However, the neighbors that filed the lawsuit moved next to the farm knowing its purpose, and therefore, should have reasonably expected the manure challenges that they faced in the process. Knowing that the farm owner was in this business, certain expectations are inevitable, and these reflect a lack of understanding of the property and its purpose.

Nonetheless, the judge with his ruling also recognized that there are significant factors involved in operating a cow farm where manure would inevitably be present. As a result, his ability to see beyond the surface and to recognize both sides of the argument is meritous. This is an important ruling to consider, because the judge acted in fairness in giving the farm owner the opportunity to clean up the mess that had occurred without further penalty, but was given a warning regarding what would happen if he did not take action. In addition, the judge exercised fairness when fining the farm owner, but did not go so far as to subject him to continuous fines without giving him a chance to resolve the situation. Therefore, this decision was made in a fair and righteous manner from a legal perspective.