Appeals court rules farming noise can’t disturb neighbors
Published 9:00 pm Friday, April 21, 2006
YAKIMA – 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 Thursday. The ruling came despite the fact that Michael and Rhonda Taylor established their farm long before the residential development of Gail and James Davis.
The deciding factor, the panel said, was that the Taylors switched from growing apples, which don’t require such efforts to keep birds away from the fruit, to cherries after the Davises built their home.
The Davises sued the Taylors in Yakima County Superior Court in 2004, claiming the cherry guns are fired all day long within 100 feet of their home, from May through July. According to court records, the noise is loud enough inside the home with windows closed to startle the couple.
