William T. Berkhout

The applicants brought a complaint before the Normal Farm Practices Protection Board regarding noise disturbances from bird bangers operated by the respondents on their adjacent grape farm.

The Board found that the applicants established the existence of a nuisance, as the noise caused an unreasonable interference with the enjoyment of their property.

The Board further determined that the respondents failed to prove the disturbance resulted from a normal farm practice.

Evidence showed the equipment was used maliciously, contrary to Best Management Practices, and without agricultural justification.

The Board ordered a permanent ban on the respondents' use of any acoustical bird control devices on the specified properties.