Tag Archives: Right to Farm Laws

Plaintiffs Still Can’t Come to a Nuisance in Illinois

  In Toftoy v. Rosenwinkel [pdf], the 2nd District of the Illinois Appellate Court held that Illinois’ "Right to Farm Act," 740 ILCS 70/1, didn’t bar the plaintiff’s nuisance suit against the defendants and their cattle farm. Today — as we predicted in our pre-argument preview here — the Illinois Supreme Court unanimously reversed in an … Continue Reading

Argument Report: Ex Post, Ex Ante and the Right To Farm

Our reports on the oral arguments of the Illinois Supreme Court’s September term continue with Toftoy v. Rosenwinkel. Toftoy is an interesting case because it presents a textbook example of a clash between two classic forms of legal analysis. Professor Ward Farnsworth discusses the distinction at length in his classic book The Legal Analyst: the conflict … Continue Reading