Monday, September 21, 2009

Rochester hog farmer entitled to damages because of lawsuit, court rules

A Rochester hog farmer is entitled to damages stemming from a lawsuit filed by opponents of his large-scale hog operation that delayed its construction, the Illinois 4th District Appellate Court decided this week. Robert Young had appealed a ruling of Sangamon Circuit Judge Leslie Graves that he was not entitled to damages. Young previously successfully challenged an injunction request by the Rochester-Buckhart Action Group, which wanted to block expansion of his hog farm. “The court ruled that we were right, and RBAG was wrong. Now, we will be asking RBAG to pay for the harm that was done,” Tom Immel, Young’s attorney, said Friday. A hearing in Sangamon County court regarding the amount of damages will be scheduled later. Immel said Young will seek more than $300,000, including legal expenses and income Young and his wife, Sandra, lost while fighting the lawsuit. The appellate court, in a ruling Tuesday, said Young was “engaged in a lawful business, and the planned expansion of his hog farm was put on hold at plaintiff’s (RBAG’s) behest. “A party should not be able to throw up a legal roadblock in the path of another’s business without the adversely affected party having the opportunity to seek financial recourse if it is found to have been wrongfully impacted,” the court said...StateJournalRegister

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