Souza

In this suit between farmers of neighboring parcels, brought after plaintiffs switched from rice to row crops, plaintiffs allege that defendants’ rice farming has caused water to seep under and onto plaintiffs’ property, resulting in damage to the property and lost profits from plaintiff’s farming operations.

Defendants successfully moved for summary judgment on the ground plaintiffs’ action is precluded by Civil Code section 3482.5, which provides that a commercial agricultural activity conducted for more than three years consistent with accepted standards in the locality shall not become a nuisance due to any changed condition in the locality if the activity did not constitute a nuisance when it began. (Further section references are to the Civil Code unless otherwise specified.)

On appeal, plaintiffs claim section 3482.5 does not apply because the statute “was never intended to bar [an action] by one farmer against another farmer”; rather, its purpose is to preclude suburban dwellers from seeking to enjoin neighboring agricultural practices. In plaintiffs’ words, the statute “was only intended to bar claims by non-agricultural uses ‘coming to the nuisance’ ” as a…