C&R Vanderham Dairy received the necessary county permits to construct a large facility for 1,456 milk cows and 1,408 “support stock” on its 60-acre farm.

However, neighbors objected, arguing the facility would prove an objectionable aroma in the vicinity, and disposal of manure could become a problem.

Purchase Bob Bruss reports online.

They formed the Association of Irritated Residents (AIR), an unincorporated association, to bring this lawsuit to have the facility closed. They alleged the dairy would violate the federal Clean Air Act as well as state laws.

The dairy owners, in response, said they had complied with all applicable laws and obtained the necessary permits or exemptions before starting construction. Vanderham argued the neighbors failed to first exhaust administrative remedies before bringing this lawsuit to close or restrict the dairy farm.

In addition, Vanderham noted it obtained exemption letters from the appropriate regulators, and AIR was attacking the wrong party because it was the county officials who determined the dairy needed no additional permits.

If you were the judge would you allow the neighbors to proceed with their lawsuit against the dairy?

The judge said no!

The evidence shows the dairy complied with applicable state and federal statutes, the judge began. If the neighbors have complaints, they should first exhaust their legal administrative remedies against the regulatory agencies before bringing a lawsuit, he continued.

Therefore, the neighbors must first use administrative procedures to contest issuance of the permits before a lawsuit can be brought, the judge ruled.

Based on the U.S. District Court decision in Association of Irritated Residents (AIR) v. C&R Vanderham Dairy, 435 Fed.Supp.2d 1078.

(For more information on Bob Bruss publications, visit his
Real Estate Center

Show Comments Hide Comments


Sign up for Inman’s Morning Headlines
What you need to know to start your day with all the latest industry developments
By submitting your email address, you agree to receive marketing emails from Inman.
Thank you for subscribing to Morning Headlines.
Back to top
Only 3 days left to register for Inman Connect Las Vegas before prices go up! Don't miss the premier event for real estate pros.Register Now ×
Limited Time Offer: Get 1 year of Inman Select for $199SUBSCRIBE×
Log in
If you created your account with Google or Facebook
Don't have an account?
Forgot your password?
No Problem

Simply enter the email address you used to create your account and click "Reset Password". You will receive additional instructions via email.

Forgot your username? If so please contact customer support at (510) 658-9252

Password Reset Confirmation

Password Reset Instructions have been sent to

Subscribe to The Weekender
Get the week's leading headlines delivered straight to your inbox.
Top headlines from around the real estate industry. Breaking news as it happens.
15 stories covering tech, special reports, video and opinion.
Unique features from hacker profiles to portal watch and video interviews.
Unique features from hacker profiles to portal watch and video interviews.
It looks like you’re already a Select Member!
To subscribe to exclusive newsletters, visit your email preferences in the account settings.
Up-to-the-minute news and interviews in your inbox, ticket discounts for Inman events and more
1-Step CheckoutPay with a credit card
By continuing, you agree to Inman’s Terms of Use and Privacy Policy.

You will be charged . Your subscription will automatically renew for on . For more details on our payment terms and how to cancel, click here.

Interested in a group subscription?
Finish setting up your subscription