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Anaerobic digester causing severe odour and flies found not to be a normal farm practice; ordered decommissioned.
The applicants, neighbours of a greenhouse operation, applied to the Normal Farm Practices Protection Board complaining of severe odour and fly disturbances caused by an anaerobic digester on the respondent's property.
The Board found that the applicants were directly affected by the disturbances and that the digester operation fundamentally changed the character of the rural neighbourhood.
Applying the test from Pyke v. Tri Gro Enterprises Ltd., the Board concluded that the digester was not a normal farm practice in these circumstances.
The Board ordered the respondent to cease the digester operation and decommission the facility.
No co-appearing lawyers found.
No judges found.