The defendant has been a lifelong farmer and farms land within the borders of the plaintiff town. The defendant's farmland is near a federal wildlife refuge beset with large numbers of blackbirds that feed on his crops until they migrate for winter. Consequently, the defendant's father utilized scare guns on the property beginning in 1962, and the defendant continued their use. The defendant did not receive any complaints until a neighbor complained in 2011. In 2013, the plaintiff enacted an ordinance requiring permits for the operation of scare guns and specifying that such guns can only be operated between 6 a.m. and 8 p.m. and only between July 1 and October 1 of any given year. In addition, the ordinance specified that scare guns cannot be operated within 300 feet of any residence not owned or occupied by the permittee absent written consent, and all scare guns must be pointed at least 45 degrees away from neighboring property lines. The defendant applied for a permit and received one, but was later cited for violating the ordinance by operating a scare gun at an angle of less than 45 degrees from a neighboring property line. The defendant pled not guilty and also argued that the ordinance was invalid for violating a vested right to use scare guns on his property, and also because the ordinance violated the state Right-To-Farm law and because it was enacted without the approval of the county board. The court denied the defendant's motion to dismiss, and determined that while the defendant had a vested right to farm his property, the defendant had no vested right to utilize a particular farming practice, such as scare guns. The court also determined that the ordinance did not constitute a regulatory taking because the ordinance did not deprive the defendant of all or substantially all of the beneficial use of his property. A reduction of yield, even if substantial, does not meet that standard. The permit required is also not a land use permit and, as such, did not conflict with the county's comprehensive zoning ordinance. The state right-to-farm law did not preempt the ordinance as that law only applies to nuisance actions and does not bar local regulation of agricultural activity. The court also determined that the ordinance was not arbitrary. Town of Trempealeau v. Klein, No. 2014AP2719, 2015 Wisc. App. LEXIS 608 (Wisc. Ct. App. Aug. 18, 2015).