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and welfare of its citizens. <br /> <br /> E. Several owners of property in reasonably close proximity <br /> to the FarT~ have complained about the strong odor of hog manure <br /> which emanates from the Farm and which the neighbors allege affects <br /> the peaceful enjoyment of their property and which odor they allege <br /> is a public nuisance. <br /> <br /> F. Bar,hold alleges that they have a right to maintain ~nd <br /> operate their Farm notwithstanding the odor issue because of <br /> certain "grandfathering" rights and because of MSA §561.19 which <br /> is often referred to a Minnesota's "Right to Farm Law". <br /> <br /> G. The city alleges that it has a right to seek and obtain, <br /> in a State District Court civil action, a temporary and permanent <br /> injunction enjoining Barthold from maintaining a public nuisance <br /> on the Farm. <br /> <br /> E. Ail of the parties desire to resolve the issues between <br />them without the expense, uncertainty and delay of legal <br />proceedings. <br /> <br /> I. The City requires the assurance of Barthold as to how and <br />when the odor nuisance will be abated, and Barthold needs a firm <br />commitment from the City in order to make appropriate business <br />decisions. <br /> <br /> J. There are at present approximately 300 125 pound hogs <br />being raised for butcher at the Farm. <br /> <br /> In consideration of the mutual provisions, representations, <br />warranties, covenants and agreements contained herein, the parties <br /> <br /> <br />