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Land Use Disputes |
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Cruelty to Horses |
This segment contains cases that deal with various land use disputes involving horses. Zoning restrictions on horse density and horse facilities are included, as are environmental protection restrictions on horse operations. Cases involving agricultural protections statutes (right to farm laws) are also included. (scroll down to view cases)
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Statutes for Horsemen |
Wyoming Supreme Court (1999) No
ownership of land by adverse
possession for use next to fence
Tennessee Attorney General (1999) Concentrated
animal feeding operation exempt from county zoning controls
New York Appellate Division (2000) Zoning
decision affecting
property in two towns must involve both
Connecticut Superior Court (2000) Keeping two
horses on property
permitted as nonconforming use
Rhode Island Superior Court (2000) Ordinance
prohibiting riding
horses on beach in summer is valid
Connecticut Superior Court (2000) Neighbors'
protests prevent
expansion of commercial horse facility
Connecticut Superior Court (2000) Horse owners
required to set back
paddock from property line
Massachusetts Court of Appeals (2000) Lawsuit by
horse farm against
complaining neighbors dismissed
Alabama Supreme Court (2000) Manufacturer protected
from pollution
claim by right to farm law
Ohio Court of Appeals (2000) Landowner can be
ordered to pay for
one-half of fence only if land benefits
Kansas Supreme Court (2000) One hundred year old
fence law
criticized--legislative revision urged
Tennessee Court of Appeals (2001) Old road not
dedicated to public
nor was right of passage acquired by use
Connecticut Appellate Court (2001) Keeping horses
on residential
property violated zoning ordinance
Pennsylvania Superior Court (2001) No adverse
possession of boundary
triangle because use not hostile
Oregon Court of Appeals (2001) Court upholds
refusal to permit
outfitter's school in exclusive farm use zone
Illinois Appellate Court (2001) Horse owner
challenges order stopping
construction of private barn
Minnesota Court of Appeals (2001) Commercial horse
operator permitted
to rebuild barn destroyed by fire
Ohio Court of Appeals (2001) Court
approves modification of
easement to meet modern needs
Iowa Court of Appeals (2001) Court
approves of in kind
distributions of farms rather than sales in partition case
Oregon Court of Appeals (2001) County suit
to block horse
arena was not an abuse of process
Rhode Island Superior Court (2001) Keeping
miniature horse
permitted under zoning and restrictive covenant
Connecticut Court of Appeals (2001) Horse
owners required
to set back paddock from property line
North Carolina Court of Appeals (2001)
Horse operation exempt
from zoning laws by agricultural protection act
Oregon Court of Appeals (2001) One
ranch acquired easement
over neighboring ranch by adverse use
New Jersey Appellate Division (2001) Keeping
horses of
another on property is a permissible agricultural use
Connecticut Superior Court (2001) Backyard
horse owners
acquired neighbor's property by adverse possession
New York Appellate Division (2001) Horse
owner loses in
request for minimum acreage variance
Georgia Supreme Court (2001) Horse farmer
not required to sell
horses to prevent run off to fish farmer's pond
Ohio Court of Appeals (2001) Trucking
business not part of
non-conforming horse stables use
California Court of Appeals (2001) Property owner
ordered to stop
harassing horse drivers on easement
U.S. District Court, Illinois (2002) Equestrian
center violated Clean Water Act in constructing road without permit
California Court of Appeal (2002) Horseman
did not
obtain easement by recreational use of property of another
Missouri Court of Appeals (2002) Enforcing
ordinance
against keeping livestock may be unconstitutional
Minnesota Court of Appeals (2002) Commercial
horse
operator permitted to rebuild barn destroyed by fire
Iowa Court of Appeals (2002) Restrictive
covenant
expired so cannot be applied to horse owner
Wyoming Supreme Court (2002) Horse owner
not
permitted to gate a cattle-guarded easement to another's property
Missouri Court of Appeals (2002) Intensity
of use by
grazing cattle, raising horses, and hunting not sufficient for adverse
possession
Oregon Court of Appeals (2002) Court upholds
zoning
authority's granting of permit for boarding and lesson facility
Connecticut Superior Court (2002) Recreational
use
for riding, fishing and hunting sufficient for adverse possession
California Court of Appeals (2002) Stables
renovation
exempt from California Environmental Quality Act
U.S. District Court (2002) Court
finds that
race track discharge violated Clean Water Act
Massachusetts Appeals Court (2002) Dressage
academy is
an agricultural use not requiring a special permit
Wyoming Supreme Court (2002) Seasonally
grazing horses
and cattle on land is adverse possession
North Carolina Court of Appeals (2002) Keeping
horses on residential property violated zoning ordinance
Rhode Island Supreme Court
(2003)
Miniature horse violates livestock zoning
ordinance and
deed restriction
New Hampshire Supreme Court (2003) Barn for
two
horses permitted as a zoning variance
Connecticut Superior Court (2003) Horse
corral
fences intruding into easement may remain because no interference with
use
U.S. District Court, Indiana (2003) No
evidence of PCB
pollution on horse farm
Wyoming Supreme Court (2003) Whether gates or
cattle
guards are ok on easement requires a trial
U.S. District Court, Tennessee (2003) No
Americans with Disabilities Act
violation in denying permission to keep miniature
horse on property
Connecticut Superior Court (2003) A horse is
not a
"normal domestic pet" within meaning of deed restriction
Kentucky Court of Appeals (2003) Occasional
riding of
horses on disputed property not enough for adverse possession
Massachusetts Court of Appeals (2003) Three
horses can
stay on residentially-zoned property as incidental uses
Ohio Court of Appeals (2003) Granting
non-exclusive
right to fox hunt on property doesn't keep owner from also hunting
Rhode Island Superior Court (2003) Proposal
to build
"barn" rejected because not an accessory use to main residence
Connecticut Superior Court (2003) Agricultural
protection act prevents city from increasing set-back requirement for
horses
Kentucky Court of Appeals (2004) Keeping a
horse does
not convert residential zoning into agricultural zoning
Washington Court of Appeals (2004) Agricultural
exemption from wetlands regulation lost by not grazing horses in area
for five
years
Ohio Court of Common Pleas (2004) Equestrian
center cited by fire marshal for
violations in barn living conditions
Oregon Court of Appeals (2004) Land
acquired by
adverse possession through horse grazing and mobile home occupancy
Idaho Supreme Court (2004) Purchaser of
land is
subject to deed restrictions that were improperly filed by county
officials
Virginia Supreme Court (2004) Pasturing horse on
land
adjoining residential property is not a nuisance
Connecticut Appellate Court (2004) Deed
restriction
prohibiting keeping horses on property not enforceable because not
uniform
Michigan Court of Appeals (2004) Horse
operation and corn maze protected from zoning by agricultural
protection act
Massachusetts Superior Court (2004) Horse
operation not by protected from zoning by agricultural protection act
because lot too small
Kentucky Court of Appeals (2004) Landowner
has right to erect gates on easements to keep horses contained
Minn. Tax Court
(2005) Slaughter not required for agricultural
use
New Jersey Tax Court
(2005)
Horses must use most of the land; bees must use
most of the land most of the time
Supreme Court of
Michigan (2005)
Abandonment by railway of easement for railway use extinguishes
easement
Oregon Tax Court, Mag. Div. (2006) Farm
use requires a primary purpose of obtaining a profit in money.
Supreme Court of Rhode Island (2006) Permission
to graze and ride horses distinguished from stabling, jumping and
keeping other animals such as llamas.
Vermont Supreme Court (2006) Auto use does not extinguish 1881 easement.
Kansas Court of Appeals
(2006) Training horses for racing not an
agricultural use.
New Jersey Superior Court (2006) Housing for labor not covered by the Right to Farm
Act.
Texas Court of Appeals (2006) Forfeiture of
corporate charter proves fatal to sheriff's Posse's long-term lease.
U.S. Court of Appeals (2006) Failure to pay
fee results in loss of grazing rights, not access to water.
California Court of Appeals (2006) Court
upholds non-motorized access across private,
common driveway
Wisconsin Court of Appeals (2006) Grazing
cattle, cessation of filling, prove adverse possession
Idaho Supreme Court (2007) Application for water rights can amount to
putting the water to beneficial use.
Connecticut Superior Court (2007) Uncontrolled,
equine fecal matter held to be reckless.
Michigan Court of Appeals (2007) Permission
to use thwarts claims of acquiescence and adverse possession.
New Mexico Supreme Court (2007) Right to
forage is not implied in vested water right.
Arkansas Court of Appeals (2007) Title by
adverse possession upheld after 50 years of use.
Arizona Court of Appeals (2007) Necessity of
use by servient easement owners is a triable issue.
California Court of Appeals (2007) City
ordinance prohibits horses on valid easement.
Kansas Court of Appeals (2007) Ordinance
requires removal of farm animals from city.