The plaintiff, owner of a farm leased for raising rare breeding turkeys, sued the defendant, who purchased a neighbouring farm to build a commercial poultry barn.
The plaintiff alleged that the defendant's proposed barn would cause an actionable nuisance due to the risk of airborne pathogens, which prompted the plaintiff's tenant to threaten to terminate its lease.
The defendant brought a motion for summary judgment to dismiss the action.
The court granted the motion, finding that the plaintiff's operation was abnormally sensitive and that the defendant's proposed use, which complied with all regulatory requirements, did not constitute an unreasonable interference or actionable nuisance.
