The plaintiffs in thisparticular case lost because they could not show that the zoningwas discriminatory, unreasonable or confiscatory . Even where zoning relates to thepublic welfare, however, a particular zoning ordinance could be unconstitutionallyunreasonably if the private detriment is greater than the publicwelfare gained from imposing the regulation. White v. City ofBrentwood . The question of whether zoning is used inappropriatelydepends upon the application of the zoning ordinance and thefacts in a specific case. If setbacks were included in theordinances based on health-related arguments, ordinance opponents maywell have a difficult job of disproving the ordinance'svalidity.
Most studies do, however,at least suggest that there are some potential effects.
Researchershave found that swine-related gases and odors may cause nausea,vomiting, headache, shallow breathing, coughing, sleepdisturbances, and depression. Inaddition, persons exposed to swine farm odors have more totalmood disturbances than control populations not living nearintensive swine operations. At this point there is only anecdotalevidence that respiratory symptoms have been reported in thevicinity of pigs lots that have been attributed to aircontaminants from swine facilities. 1 Overcash, M.R., et al. Iowa Copyright 1996, All RightsReserved.