Appeals Court Reverses Ruling Against Proposed Hog Farm

The Missouri Court of Appeals for the Western District of Missouri reversed a decision that blocked construction of a proposed hog farm near the Village of Arrow Rock

April 7, 2010

1 Min Read
Appeals Court Reverses Ruling Against Proposed Hog Farm

The Missouri Court of Appeals for the Western District of Missouri reversed a decision that blocked construction of a proposed hog farm near the Village of Arrow Rock.

The case was initiated when a Missouri farmer was granted a construction permit to build a confined animal feeding operation or CAFO two miles from the Village of Arrow Rock.

The permit was contested by the Village of Arrow Rock and Friends of Arrow Rock, arguing that it should not have been issued because it was too close to the Village of Arrow Rock, a historic site. The district court concurred and ordered that CAFOs could not be located within a two-mile radius of the Arrow Rock State Park, and barred existing CAFOs in that two-mile radius from expanding operations.

A review of the trial court’s decision by the Western District Court of Appeals vacated the judgment, calling the findings of fact “wholly unsupported by any evidence” and the conclusions of law “erroneous.”

“The court just said what we already knew,” says Don Nikodim, executive director of the Missouri Pork Association. “The Court of Appeals decision is very vindicating. We believed the earlier decision by the court was inappropriate, and wanted to fight for the rights of our members and all Missouri farmers.”

“This is a great victory for animal agriculture,” says Jeff Windett, executive vice president of the Missouri Cattlemen’s Association. “We are pleased with the outcome.”

To read the court’s full opinion, go to www.courts.mo.gov/file.jsp?id=38015.

For more information on the Missouri Pork Association, go to www.mopork.com or call (573) 445-8375.

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