Oregon Court Tosses Right to Farm Challenge

November 20, 2013

The Oregon Court of Appeals has rejected a constitutional challenge to Oregon’s Right to Farm law, but parties to the case say the question isn’t resolved.

The Capital Press agricultural publication reported the Right to Farm law protects farmers from lawsuits over common industry practices.

The case arose from Lane County, where some residents said their neighbor’s pesticides and chemicals drifted onto their properties.

They brought a case against the state, saying the Right to Farm provision violates a state constitutional guarantee that someone who is done harm can seek a remedy under the law.

The Court of Appeals ruled on narrower grounds. It said the connection between a ruling the law is unconstitutional and relief for the plaintiffs was too speculative for it to decide the constitutional question.

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