American Ag Law Association: Conference Recap
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Brianna and Todd attended the 45th annual American Agricultural Law Association symposium in Memphis, Tennessee.
Read MoreTrial Court Affirms a County Must Give Landowners Statutory Notice of Change to Ordinance
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An Indiana court voided Tipton County’s overlay district which banned various land uses on rural ground because the county failed to provide the required statutory notice to interested landowners.
Read MoreClient v. FSA: National Appeals Division Upholds Payment for Indiana Pork Producer in FSA Dispute
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After multiple rounds of appeal, we helped an Indiana farm family finally convince the USDA that pandemic assistance paid in 2020 was the right decision.
Read MoreAmerican Ag Law Conference Recap
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Todd and Brianna just returned from the American Agricultural Law Association annual symposium in Charlotte, NC.
Read MoreThornburg v. Randolph BZA: Court Affirms Variance for Poultry Farm
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We are pleased to report on a recent zoning victory for a poultry farm in Randolph County, Indiana.
Read MoreSchroeder Presents at Indiana Farm Bureau Zoning School
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On February 10, 2022, the Indiana Farm Bureau held a Planning and Zoning School where Brianna Schroeder was one of the key featured speakers who informed participants on zoning procedure and hot topics.
Read MoreSchroeder Testifies Before Senate Committee in Pro Bono Matter
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On January 10, 2022, Brianna testified before an Indiana Senate committee in support of Indiana Senate Bill 180.
Read MoreOPD v. Town of Argos: Court Blocks Moratorium on Confined Feeding Operations
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We recently secured a major zoning victory for a poultry producer in northern Indiana resulting in a court order blocking a harmful CFO moratorium from going into effect and awarding attorneys’ fees for the producer.
Read MoreJanzen Schroeder Celebrates Successful Resolution of Feed Contamination Case
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Janzen Schroeder Ag Law recently helped an Indiana-based but nationally recognized client resolve a lawsuit against a large feed company.
Read MoreUnited States Supreme Court Rejects Challenge to Indiana Right to Farm Act
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On October 5, 2020, the Supreme Court of the United States rejected plaintiffs’ challenge of the Indiana Right to Farm Act.
Read MoreChambers v. Delaware County BZA: Court of Appeals Rules CAFOs are "Farms" Under Zoning Ordinance
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The Indiana Court of Appeals recently held a hog CAFO fell within the county zoning ordinance’s definition of a “farm” and therefore was properly issued a building permit in the F Farming Zone.
Read MoreHimsel v. Himsel: Indiana Supreme Court Rejects Neighbors’ Attempt to Overturn the Right to Farm Act
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On February 21, 2020, the Indiana Supreme Court denied transfer in a major Indiana Right to Farm Act case. This is a big win for agriculture.
Read MoreIndiana Court of Appeals Upholds the Right to Farm Act
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A three judge panel unanimously rejected multiple neighbors’ challenges to a rural Indiana hog farm. In the case titled Himsel v. 4/9 Livestock, neighbors alleged that a nearby hog farm was a nuisance, its odors constituted a “trespass,” and its existence violated their constitutional rights to “Open Courts” and “Equal Privileges” under the law. Here is our summary of the decision.
Read MoreHouse of Prayer v. Rush County BZA: Court of Appeals Affirms Zoning Approval for Indiana Dairy
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Janzen Ag Law defended an Indiana dairy against a challenge to its zoning approval by a rural summer camp. On January 16, 2018, the Indiana Court of Appeals issued an order upholding the county's decision to permit the dairy's construction.
Read MoreHouse of Prayer v. Milco: Judge Affirms BZA's Decision to Grant Special Exception to Indiana Dairy Farm
/On July 11, 2017, the Circuit Court in Fayette County, Indiana issued an opinion affirming the Rush County Board of Zoning Appeal's decision to grant a special exception to an Indiana dairy farm. Todd and Brianna represented the dairy farm in front of the BZA and on appeal.
Read MoreD.C. Circuit Court Requires Livestock Farms to Report Air Emissions
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On April 11, 2017, the U.S. Court of Appeals for the D.C. Circuit struck down an EPA rule exempting concentrated animal feeding operations from CERCLA reporting requirements for air emissions from animal wastes.
Read MoreHouse of Prayer v. Milco: Administrative Judge Upholds Dairy Environmental Permit Against Remonstrator's Challenge
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On February 27, 2017, the Indiana Office of Environmental Adjudication upheld the Indiana Department of Environmental Management's approval of a dairy's application to build and operate a new confined feeding operation in Rush County, Indiana. Todd and Brianna defended the dairy against a challenge to the permit approval from a nearby neighbor.
Read MoreReflections on Clio Cloud Conference 2016
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Our firm just returned to the office from the Clio Cloud Conference in Chicago this week. We thought it would be helpful to hear our thoughts on the conference.
Read MoreBelork v. Latimer: Court of Appeals Upholds Farm Partition Fence Law
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Historically, if two rural landowners wanted to build a fence between their properties (a “partition fence”), they would meet in the middle of their proposed fence row, and while looking at each other, each agree to build to their right. This century-old statute, known as the “Partition Fence Law,” was a way to distribute the cost of partition fences equally between landowners. Recently, this law was challenged in the Indiana Court of Appeals.
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Online revenue management platforms for landlords are being challenged as price fixing tools. What will the implications be for tenant farmers?