The Utah Farm Bureau, which is pushing House Bill 229, points to a nuisance lawsuit brought by a Highland couple. In that case, a Utah County jury sided with the farmer, Kevin Birrell, last July - but not before he paid $70,000 in defense costs.

"Farmers need protections against these types of lawsuits," said Utah Farm Bureau CEO Randy Parker. "We don't want farmers and ranchers forced out of their livelihood because of the costs from a court battle."

David Clark, R-Santa Clara, one of three representatives who voted against the measure when it passed the House, said the legislation is unnecessary and affords farmers protections other industries don't enjoy.

Todd Bingham, Farm Bureau vice president of public policy, said court costs are so high "that even the threat of a lawsuit could be enough to force someone to sell off their land.

"People move to rural settings because they want the lifestyle and ambiance but the first thing they do is try to change the agricultural operations to make it more convenient for themselves."

Birrell, who grows alfalfa and runs horses on 53 acres that straddle Highland and Alpine in northern Utah County, said he tries not to think about the equipment he could have purchased with what he spent on court costs.

"What I got from the lawsuit is the right to do what I already had the right to do," he said, "which is to farm."

The 2006 lawsuit was brought by homeowners Terry and Nancy Tafoya, who said that when they objected to Birrell building a fence on what they claimed was their property, he retaliated by dumping hay and manure next to their backyard.

The hay and manure blew onto their property on Oakview Drive, said the Tafoyas, and clogged their swimming pool. They also claimed it released "displeasing and offensive smells" and ruined their view.

Terry Tafoya said in an affidavit that the hay could have been stored elsewhere, in empty sheds or on the "vast acres of open farmland."

Birrell said the manure was placed before the boundary dispute erupted, on the area of his farm he intended to fertilize. And the location was near where his father lived. Birrell also said he had to postpone spreading the manure because of heavy rains.

In addition, he placed the 180 bales of hay in an area where he kept his horses and away from water lines and a sprinkler. He said in an affidavit that he covered the hay with tarp.

Repeated telephone calls to the Tafoyas' home were unanswered, and a recording said the mailbox was full.

Terry Tafoya, listed as an accountant, has been named as a defendant or plaintiff since the 1990s in nearly 30 civil and small-claims actions.

Birrell said the Tafoyas' court action "ended up making me the poster boy for the damage a nuisance suit can bring." Without working during the day in marketing and sales for a mineral company, "the lawsuit would have put me out of the farming business."

Homes on acre lots surround Birrell's farm. Highland City has approved a subdivision of 14 additional residences that will border the eastern section of his farm.

Birrell's family has farmed the site since 1989. He said agricultural operations in the area date back to the 19th century.

dawn@sltrib.com