Holubec V. Brandenberger Book Reviews

Holubec V. Brandenberger by Texas Supreme Court Book Summary

In this appeal, we explore the contours of the Right to Farm Act's affirmative defense against claims that agricultural operations are a nuisance. The Act provides that "[n]o nuisance action may be brought against an agricultural operation" that has been in lawful operation for more than a year "if the conditions or circumstances complained of as constituting the basis for the nuisance action have existed substantially unchanged since the established date of operation." Tex. Agric. Code § 251.004(a). The petitioners here are agricultural operators who complain that a defective jury charge denied them the protection of this defense. They also complain that the court of appeals erred in holding that they waived their complaints of charge error. They finally complain that no evidence or pleadings support the permanent injunction issued by the trial court and affirmed by the court of appeals. Because we conclude that the jury charge in this case is erroneous and that this error is harmful and has been preserved, we reverse the court of appeals' judgment, dissolve the injunction, and remand the case to the trial court for further proceedings.

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Holubec V. Brandenberger (Texas Supreme Court) Book Reviews 2024

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