In 2015, three family members established a broiler grow-out farm in the Malakoff area of Henderson County, TX. A total of sixteen barns were erected housing 445,000 broilers. All barns were operational by November 2016. Within months of commencing operation, neighbors complained to the Texas Commission on Environmental Quality (TCEQ) alleging odors and diminution of property value. On investigation citations were issued noting violations of relevant statutes.
Failure to rectify the nuisance, led plaintiffs to file suit claiming monetary damages and a permanent injunction to prevent operation of the chicken farm on the property. At trial, the jury found for the plaintiffs awarding damages consistent with a claimed decrease in the market value of the affected homes. Following a post-trial motion, the judge ordered that the plaintiffs should not be awarded monetary damages but upheld the permanent injunction on operation of the farm.
The defendants appealed to a higher court that affirmed the lower court decision. Problems relating to the farm included over-stocking and operation of a composter for dead birds that was a source of odors. Based on evidence including citations issued by the TCEQ, the appeals court upheld the finding of nuisance. The injunction was affirmed based on the fact that a representative of Sanderson Farms, the integrator concerned, attested that the farm was operated in consistency with Company standards and that the nuisance would in all probability have continued if the farm raised broilers.
The case illustrates the need for chicken operations to function with minimal dissemination of odors or creating any other nuisance. It is important to site broiler grow-out farms away from established homes and determine that the planned number of houses and their stocking density will be consistent with acceptable environmental considerations. The rulings by both the trial court and the appeals court were independent of the prevailing Texas Right To Farm laws.