News and Seminars From Rich & Henderson
During the 2025 term, the Maryland Supreme Court issued its decision in In re: Foster Farm, Case No. 25, Sept. Term, 2024. Foster Farm is the first Maryland Supreme Court case to address Maryland’s Right-to-Farm laws, which offer protections to agricultural operations from nuisance claims. The dispute in Foster Farm concerned the stockpiling and application of biosolids at a farm on Maryland’s Eastern Shore. The Maryland Supreme Court’s decision largely rested on the specific facts at issue between the parties, ultimately concluding that the County Agricultural Resolution Board’s determination—that the stockpiling and application of biosolids and soil conditioners were generally accepted agricultural practices—was not supported by substantial evidence, and therefore the farmer did not establish that the Right-to-Farm protections applied to the nuisance complaints at issue. The Court emphasized that local boards must make clear findings as to whether such practices comply with public health, safety, and welfare requirements before invoking Right-to-Farm protections. The decision left open several interesting and unresolved legal questions concerning Maryland’s Right-to-Farm laws and likely will be the first of several Right-to-Farm appellate decisions to come. Rich & Henderson, P.C. represented amicus curiae in the appeal and has been involved in other Right-to-Farm matters in Maryland.