Hawaii Revised Statutes 165-5 – Frivolous lawsuits
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Terms Used In Hawaii Revised Statutes 165-5
- Farming operation: includes but shall not be limited to:
(1) Agricultural-based commercial operations as described in section [205-2(d)(15)];
(2) Noises, odors, dust, and fumes emanating from a commercial agricultural or an aquacultural facility or pursuit;
(3) Operation of machinery and irrigation pumps;
(4) Ground and aerial seeding and spraying;
(5) The application of chemical fertilizers, conditioners, insecticides, pesticides, and herbicides; and
(6) The employment and use of labor. See Hawaii Revised Statutes 165-2
- Nuisance: as used in this chapter , includes all claims that meet the requirements of this definition regardless of whether a complainant designates such claims as brought in nuisance, negligence, trespass, or any other area of law or equity; provided that nuisance as used in this chapter does not include an alleged nuisance that involves water pollution or flooding. See Hawaii Revised Statutes 165-2
Any nuisance action, found to be frivolous by the court, in which a farming operation is alleged to be a nuisance as defined in § 165-2, shall be governed by section 607-14.5.