AUBURN – A judge’s ruling that the state acted appropriately in giving a permit to the DeCoster Egg Farm will help the farm defend against a lawsuit by neighbors who’ve complained of odors and flies, a lawyer said Monday.
A Superior Court judge last week came down on the side of the Nutrient Management Review Board in a flap with neighbors who asked the panel to revoke DeCoster’s permit.
The board upheld the Maine Department of Agriculture’s decision to grant the livestock operations permit to DeCoster despite the neighbors’ complaints. DeCoster contends it has taken appropriate steps to minimize odors and flies.
“The farm has cooperated and worked closely with the state to try to address the things that go along with farming that can be unpleasant, and we are glad to see that those efforts are being recognized,” said Daniel Rosenthal, an attorney for the farm.
If upheld on appeal, the ruling in Androscoggin County Superior Court could hurt the prospects of a separate lawsuit filed by neighbors seeking damages from DeCoster.
The neighbors, who live within a mile of the Plains Hill Road farm, say the stench and bugs diminish the value of their properties and make it impossible to enjoy their decks, porches and pools in the spring and summer.
But the judge’s findings that DeCoster is employing sound practices and working with regulators could provide some immunity from lawsuit for operators of the egg farm, said William Knowles, another attorney for DeCoster.
“This ruling, if upheld, could have a significant, if not conclusive, impact on the civil lawsuit,” he said.
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