A State District Court in Henderson County, TX. issued a cease and desist order against a contractor for Sanderson Farms. At issue were complaints by residents of the area alleging odor resulting in “irreparable injury through substantial and unreasonable nuisance”. The judge ordered the contractor to cease operations within five miles of any boundary of plaintiffs’ properties.
The order apparently ignored the Texas Right to Farm Statute. Evidence was entered that the Texas Council on Environmental Quality has previously attempted to force the defendant farmer to reduce odor but without alleviating the problem.