‘Have some respect’: Homeowner upset with chicken farm next door

HICKORY, N.C. — A homeowner says it’s getting hard to live in her house. She blames the chicken farm next door.

Rebecca Brittain was there decades before the chicken farm and says the smell has gotten worse.

“I couldn’t breathe. You know I’m a senior citizen. They should have some respect,” she told Action 9 attorney Jason Stoogenke.

Stoogenke noticed the odor as soon as he got out of the car.

Brittain said there’s also a black residue on her patio, pool, and beyond. She thinks it’s from the farm. The farmer says it’s a fungus.

“I’m not going to be able to sell my house,” Brittain said. “I feel like I’ve just been ransacked.”

READ: Family’s fight against HOA over chickens goes before NC Supreme Court

The state DEQ inspected the farm in August. It issued a Notice of Violation. Inspectors said the farm was supposed to have a certain plan involving chicken waste and didn’t.

“This office requires that the violations as detailed above be abated immediately and properly resolved,” the Notice reads. “These violations are subject to a civil penalty assessment of up to a maximum $25,000 per day for each violation.”

DEQ told Stoogenke they’re staying in touch with the farmer to make sure he comes up with a nutrient management plan, registers information on a manure hauler, and keeps proper records for spreading the waste. The agency hasn’t fined the farmer.

Stoogenke spoke with him by phone. He said he’s a “good steward” of his land and he still wants “stuff to grow." He said the smell is the “nature of the business,” but that he tries to keep it “minimal.” He says he’s working hard to come into compliance and hopes to in the next two months or so.

If you feel a neighbor is hurting your use of your land, Action 9 attorney Jason Stoogenke says start by doing what Brittain did: contact the city or county and then likely the state.

If that doesn’t work, you may want to talk to a lawyer. Chances are you’ll start by talking about nuisance law, in which case you generally have to prove two things: