Neighbors sue farmer over 'cannon' to...

Neighbors sue farmer over 'cannon' to keep away birds

There are 52 comments on the Lexington Herald-Leader story from Aug 29, 2007, titled Neighbors sue farmer over 'cannon' to keep away birds. In it, Lexington Herald-Leader reports that:

“He's not using poison to control the bird problem. He's using a well-known technique that other farmers use in the area, and I don't see anything wrong with it.”

When produce farmer Dennis Polley set up a noisemaking propane cannon to scare birds from his sweet corn, he didn't count on his neighbors making some noise of their own. via Lexington Herald-Leader

Join the discussion below, or Read more at Lexington Herald-Leader.

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hancock

Sumter, SC

#1 Sep 2, 2007
When you move by a farm, you go by farm rules. Most farms have been in the family for a lot of years.
I live in South Carolina, we've had a developer develop a sub-divison next to a SEWER PLANT, this plant was built in 1981,and had a buffer zone of about 150 yards, the development was built in about 2005. A buyer asked about the tall lights across the wooded area, he was told it was a ball field.

Buyer beware, FARMS COME FIRST,WHERE DO YOU THINK GOOD FOOD COMES FROM? CHINA?

FARMERS ARE A DYING BREED. YOU BETTER RESPECT THEM.
Bob Nunnelley

Alamogordo, NM

#2 Sep 2, 2007
I live in New Mexico and there are lots of pistachio orchards in the area where I live. Orchard cannons are used to control birds here also.I'm within a quarter mile of an orchard cannon and it doesn't bother me at all. Orchard cannons are a much better method to control birds than lethal means. We also have irrigation well pumps being powered by V-8 engines that can be heard a half mile away. When you live in a rural area get used to the sounds of agricultural equipment at work. The farmers and ranchers are the people that keep our grocery stores stocked. I hope this frivolous lawsuit is dismissed.

Since: Apr 07

Lexington, KY

#3 Sep 2, 2007
If you want to see the truth of this lawsuit go to wlextv.com and click on 'Lex 18 video archives' and then click on 'News at 5:00 August 29' This is the last news story on the video.

Since: Apr 07

Lexington, KY

#4 Sep 2, 2007
You can go to kentucky.com and click on local news Jessamine County in order to read the entire story. To make an informed comment on this issue it is best to watch the news video for Channel 18 news (wlextv) After watching the news video, tell me how someone 500 yds. away could feel that in their chest or how they could hear it even with windows closed and tv and airconditioner on? Super powered ears perhaps!
rrs

Lewiston, ME

#5 Sep 3, 2007
This story is like the person that moves next to an airport and then complains that the planes make too much noise. Pretty sad state of affairs.

Gee, they can always move away, or go back to the city.
WTR

Granger, IN

#6 Sep 3, 2007
Patch wrote:
You can go to kentucky.com and click on local news Jessamine County in order to read the entire story. To make an informed comment on this issue it is best to watch the news video for Channel 18 news (wlextv) After watching the news video, tell me how someone 500 yds. away could feel that in their chest or how they could hear it even with windows closed and tv and airconditioner on? Super powered ears perhaps!
I'm from Indiana and first read about this in the Chicago Tribune. I did watch the video too.
The farmer sounded reasonable and the neighbors seem to be wealthy, or at least affluent, snobs. I have to admit that I expected some kind of giant boom to reverberate across the hills. It was rather lame to even call it a cannon.
The farmer will prevail.

Since: Apr 07

Lexington, KY

#7 Sep 3, 2007
WTR wrote:
<quoted text>
I'm from Indiana and first read about this in the Chicago Tribune. I did watch the video too.
The farmer sounded reasonable and the neighbors seem to be wealthy, or at least affluent, snobs. I have to admit that I expected some kind of giant boom to reverberate across the hills. It was rather lame to even call it a cannon.
The farmer will prevail.
In a perfect world you would be totally correct in saying 'the farmer will prevail', but in the world we live in...farmers need support of those who see the truth of this lawsuit. I urge everyone to watch the video, then contact local officials for Jessamine Co. KY (which you can find on the internet) and voice your opinion. Also to write letter to Editor of local paper 'Jessamine Journal' with your views.
Buster

Vancouver, Canada

#8 Sep 3, 2007
Propane cannons should be banned. They don't work!
http://www.banthecannons.com/
Ted

AOL

#9 Sep 3, 2007
Airports, racetracks, now farms? Under the grandfather law the newcomers should loose.
This ridiculous lawsuit sounds like something from here in California. Better see if the plaintiffs are not from Ca, if so they will take over and ruin your state. They will try to sue the farm's because the livestock smell, make noise and on and on. Then move on to your personal freedom.
I agree with Hancock "When you move by a farm, you go by farm rules."
The real estate agent should be sued for non disclosure.
Buster

Vancouver, Canada

#10 Sep 3, 2007
Ted wrote:
Airports, racetracks, now farms? Under the grandfather law the newcomers should loose.
This ridiculous lawsuit sounds like something from here in California. Better see if the plaintiffs are not from Ca, if so they will take over and ruin your state. They will try to sue the farm's because the livestock smell, make noise and on and on. Then move on to your personal freedom.
I agree with Hancock "When you move by a farm, you go by farm rules."
The real estate agent should be sued for non disclosure.
Hey Ted....In situations where the neighbours were there first, then an idiot starts firing a cannon several years later, should the neighbours not have rights, and the cannon be silenced? Or is this all a one sided argument in favour of the noisemakers??
DanL318

Lee, NH

#11 Sep 4, 2007
I have heard way too many stories like this. Folks move from the city to the country and want farms without manure, propane cannons, or crowing roosters.+3 for "When you move by a farm, you go by farm rules." Unless they want to double or triple their grocery bills.

Since: Apr 07

Kathleen, GA

#12 Sep 7, 2007
This farm is located in an area "ZONED AGRICULTURE"...not residential.....need I say more!
stu padasso

Forsan, TX

#13 Sep 8, 2007
Bob Nunnelley writes: I'm within a quarter mile of an orchard cannon and it doesn't bother me at all.

This particular cannon being sued over is a quarter of a mile away from the neighbors suing. They say they can feel it in their chest! I have went to the neighborhood and listened and that is ridiculous!! I am glad to know I have not suffered any hearing loss, and someone else agrees that at a quarter of a mile it's just a muffled thump!
This farm has also been in this family for 5 generations!! It started as a tobacco farm,(but we all know what has happened with tobacco). They have had to start growing alternative crops to make any money.
speakerman19422

Harleysville, PA

#14 Nov 23, 2007
I am a Christmas tree grower in PA. I am in 2 lawsuits for using a noise maker to prevent deer from destroying my trees.

Since: Apr 07

United States

#15 Nov 24, 2007
speakerman19422 wrote:
I am a Christmas tree grower in PA. I am in 2 lawsuits for using a noise maker to prevent deer from destroying my trees.
This is just plain ludicrous. People go to work everyday in cities and hear noise. Well people on farms work too and sometimes they make noise. why is it that it is ok in towns but not ok in the rural farm area? Does this mean people like getting their products from overseas? When there is work going on .......... there is noise, plain and simple. I don't understand why our judicial system even allows these type of lawsuits. If there is work involved in the noise, then these lawsuits need to be outlawed! The only lawsuits of this type that need to be allowed are if there is no work involved and people are just making noise for the fun of it. How can they allow someone to be sued for making a living?!!!!!!!

Since: Apr 07

United States

#16 Nov 24, 2007
speakerman19422 wrote:
I am a Christmas tree grower in PA. I am in 2 lawsuits for using a noise maker to prevent deer from destroying my trees.
I don't know when you are having to use your air gun, but for nights....wanted to share some info...if you have dogs, they do work well at night tied on long leashes several yards apart around your crop. But during the days the air guns work much better.
test

Cincinnati, OH

#17 Mar 26, 2008
test
A year later -

Memphis, TN

#18 Aug 25, 2008
In 2008, the farmer used different methods. He used what looked like a "Bird Wailer" electronic device - probably set on an ultrasonic frequency and holographic ribbon that moves with the wind.
<p>And Stu Padasso... If you had actually gone to the subdivision and heard the actual cannon (there were two) for any amount of time, you would have had a different opinion. Try living with it day in and day out.
<p>The cannon was not there until 3 years after the subdivision was built. There is no "grandfathered" anything. If you want legalities and meaningful court terms, lets talk "existing conditions" with a common law judge.

Since: Aug 08

Morehead, KY

#19 Aug 25, 2008
A year later - wrote:
In 2008, the farmer used different methods. He used what looked like a "Bird Wailer" electronic device - probably set on an ultrasonic frequency and holographic ribbon that moves with the wind.
<p>And Stu Padasso... If you had actually gone to the subdivision and heard the actual cannon (there were two) for any amount of time, you would have had a different opinion. Try living with it day in and day out.
<p>The cannon was not there until 3 years after the subdivision was built. There is no "grandfathered" anything. If you want legalities and meaningful court terms, lets talk "existing conditions" with a common law judge.
I have lived next door to this farm for 10 years. They have had to shoot birds out of their corn ever since they have been growing it. I personally was glad for them when they got the air gun, and the sound did not bother me, any of my family, or my other close neighbors. Of course we all farm and know what it takes to make a living on a farm, which the suburbanites do not. I also know these same people who complained were not even home most of the time the air gun was in use, they were in their cities listening to those noises.
I am glad for the farmer that this lawsuit has been stopped and I know that if given the time needed they would have eventually stopped using it anyway, but no, they weren't allowed that time to research and find other means, they were just told turn it off NOW or we sue.
All city folks need to have to fill out an application and apply to move into a rural farm area...they need to see a list of what they may experience from working farms.....or just stay in the city.
fxst

Lexington, KY

#20 Aug 29, 2008
I stop in and Cool Down with a seedless Polley's Watermelon!

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