Robert Riddle, D/b/a Fairbanks Pumping and Thawing, Appellant v. Eric Lanser, Appellee.

Summary

The court held that Riddle's septage lagoons constituted a private nuisance because their strong and persistent odors substantially interfered with Lanser's use and enjoyment of his property. The Right to Farm Act did not protect the lagoons because Riddle did not use or intend to use them for farming until after they had already become a nuisance. The court reversed and remanded the enhanced attorney-fee award for reconsideration, vacated the estimated expert-report costs, and otherwise affirmed the discovery-sanction awards. No separate opinions were filed.