Articles Posted in Agriculture Law

Bohr Farms owned and operated a concentrated animal feeding operation (CAFO) that accommodated more than 4,000 hogs. Cargill Pork, LLC owned the hogs. Appellants, several landowners and other individuals, brought this action against Cargill and Bohr Farms (together, Respondents), alleging damages for temporary nuisance, negligence, and conspiracy due to alleged offensive odors that emanated from the CAFO. Appellants did not claim damages for diminution in rental value or documented medical costs as authorized by Mo. Rev. Stat. 537.296.2, but, rather, alleged that their damages for temporary nuisance consisted solely of the loss of use and enjoyment of their property. The circuit court granted summary judgment in favor of Respondents, concluding, inter alia, that section 537.296 was constitutional and did not authorize an award of damages for Appellants’ alleged loss of use and enjoyment of their property. The Supreme Court affirmed, holding (1) section 537.296 is constitutional; and (2) Appellants’ nuisance, conspiracy and vicarious liability claims are inseparable from the nuisance allegations and are therefore barred by section 537.296.6(1). View "Labrayere v. Bohr Farms, LLC" on Justia Law