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Appeal is 'victory for animal agriculture,' according to Missouri agricultural organizations.

April 12, 2010

1 Min Read

The Missouri Court of Appeals for the Western District of Missouri reversed a case that blocked a proposed hog farm from being located near the Village of Arrow Rock. The case, Friends of Arrow Rock, et al. v. Missouri DNR, et al., arose when a Missouri farmer was granted a construction permit to build a CAFO two miles from the Village of Arrow Rock.

The Village of Arrow Rock and Friends of Arrow Rock challenged the permit, arguing it should not have been issued because it was too close to the Village of Arrow Rock, a historic site. The trial court agreed, and held 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 their operations.

The Missouri Pork Association, Missouri Cattlemen's Association, Missouri Egg Council, Missouri Dairy Association, and the Missouri Farm Bureau joined the DNR in appealing the case to the Western District Court of Appeals.  

Upon reviewing the trial court's decision, 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," said 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."  

Jeff Windett, executive vice president of the Missouri Cattlemen's Association, called it "a great victory for animal agriculture."

FYI

The Court's opinion can be read in its entirety at www.courts.mo.gov/file.jsp?id=38015.

Source: Missouri Pork Association

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