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Mo Supreme Court upholds nuisance law limits

 

The Missouri Supreme Court has upheld a state nuisance law which limits damages property owners can recover against ag operations.

Neighbors filed a nuisance lawsuit against Bohr Farms in Martinsburg, Missouri, a swine facility with pigs owned by Cargill Pork since late 2011. The property owners sought relief for odors from the facility, beyond what the state statue allows, challenging the constitutionality of the law because of those limits.

Don Nikodim, head of the Missouri Pork Association, says they are pleased with the high court’s decision, “The Supreme Court was unanimous in their decision to uphold the Missouri nuisance law, and we think that’s very, very important for everybody in agriculture and so, from that perspective, we’ve been long awaiting this report and are extremely pleased with the result.”

The National Pork Producers Council and Missouri Farmers Care Coalition, filed as friends of the court in the case, arguing that the law “keeps Missouri competitive with its neighboring states.” In its ruling, the Missouri Supreme Court said agriculture has a legitimate public purpose.