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Crandall v. Biergans

Citation: 2 ELR 20238
No. No. 844, 3 ERC 1827/(Mich. Cir. Ct., 02/14/1972)

Plaintiffs sought to enjoin the operation of defendants' swine finishing barn on the grounds that the odors emanting from the barn constituted a private nuisance and that they violated the Michigan Environmental Protection Act of 1970. On balance, the swine raising operation is carried on in a modern fashion with every effort made to reduce the unavoidable odors, while the actual damage to the plaintiffs is small. Therefore, no private nuisance exists. The Environmental Protection Act also provides no relief. Given the manner in which the defendants carry on their operation, they have established the affirmative defense that there is no alternative to their conduct. Moreover, it would be an unconstitutional delegation of powers for the court to undertake determination of odor standards when none have been set by the legislature or an authorized agency. Judgment for the defendants.

Counsel for Plaintiffs.
Wilfred Dupuis
220 Albert Street
East Lansing, Michigan 48823

Counsel for Defendants
Timothy M. Green
210 North Clinton
St Johns, Michigan 48879