The constitutionality of Oregon’s “right to farm” law is an issue in a lawsuit that seeks $4.2 million for damages that allegedly resulted from errant aerial application of pesticides on forest land in southwestern corner of the state. Landowner Joseph Kaufman and the applicator, Pacific Air Research, say they’re immune from liability under the right to farm law, says Capitol Press.
In response, the plaintiffs, a group of Cedar Valley residents, argue the law is unconstitutional because people must the allowed to seek a remedy in court when they are harmed. The “right to farm” law shields producers from nuisance and trespass complaints, said Capital Press. A 2013 challenge of the constitutionality of the law was dismissed on jurisdictional grounds. The state Court of Appeals upheld “right to farm” in a 1993 ruling.
Early this week, Curry County Circuit Court judge Cynthia Beaman rejected a request by the defendants to dismiss the case but did not touch on the constitutionality of the law. Capital Press quoted a timber industry official as saying the judge wanted to determine first whether the plaintiffs suffered a loss.