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Holubec v. Brandenberger

Citation: 33 ELR 20202
No. No. 01-1214, (Tex., 05/22/2003)

The court held that a defective jury charge denied agricultural operators the protection of the Texas Right to Farm Act's affirmative defense against claims that agricultural operations are a nuisance. The Act provides that no nuisance action may be brought against an agricultural operation that has lawfully been in operation for one year or more prior to the date on which the action is brought, if the conditions or circumstances complained of as constituting the basis for the nuisance action have existed substantially unchanged since the established date of operation. The parties disputed when the complained of conditions or circumstances commenced. The trial court, however, failed to submit this question to the jury. Consequently, the agricultural operators were unable to establish the Act's affirmative defense. Because this was harmful error, the injunction imposed against the operators was vacated and the case was remanded.

Counsel for Petitioners
Zachary S. Brady
Jackson & Walker
100 Congress Ave., Ste. 1100, Austin TX 78701
(512) 236-2000

Counsel for Respondents
Richard T. Miller
Law Offices of Richard T. Miller
301 E. Wallace St., San Saba TX 76877
(915) 372-4400