Appellate Court Affirms Nuisance Ruling for Feedlot that Engendered Mold Spores and Other Offensive Conditions

AUSTIN, Texas - A jury verdict was affirmed in favor of a Texas ranch foreman and his family claiming that the location of a lamb feedlot adjacent to their home caused offensive, discomforting conditions, including flies, dust, mold spores, and foul odors. David Holubec et al., Appellants v. Carl Brandenburger, et al., Appellees, No. 03-00-00684-CV (Texas Ct. App., 3rd Dist., Austin).

According to the Aug. 30, 2001 appeals court opinion, which was released for publication Nov. 15, 2001, the 'trial court's judgment was properly tailored to fairly reconcile and preserve the parties' competing interests and claims as near as could …