Jump to Navigation
Jump to Content

Rochester Buckhart Action Group v. Young

ELR Citation: 38 ELR 20087
Nos. No. 4-07-0682, (Ill. App. Ct., 03/14/2008)

An Illinois appellate court reversed and remanded a preliminary injunction enjoining a farmer from constructing or operating a hog farm on his property. Completion of the hog confinement building does not constitute the construction of a "new facility" under the Illinois Livestock Management Facilities Act. Rather, the farmer was expanding an existing facility. The Act does not differentiate among species in defining new facilities or livestock management facilities, referring only to "animals" or "livestock." Moreover, the expansion project did not meet the definition of "new facility" since the costs did not exceed 50% of the cost of a comparable entirely new facility. Hence, the lower court erroneously declined the farmer's motion to vacate the injunction.