Justia Missouri Supreme Court Opinion Summaries

The Supreme Court affirmed the decision of the clean water commission approving Trenton Farms' permit to establish a twin concentrated animal feeding operation (CAFO), holding that House Bill No. 1713 (HB 1713) does not violate the original purpose, single subject, or clear title requirements of the Missouri Constitution and that there was sufficient evidence regarding the CAFO's protection from a 100-year flood.The clean water commission affirmed the department of natural resource's issuance of a permit to Trenton Farms to establish a CAFO. Hickory Neighbors United, Inc. appealed, arguing (1) HB 1713, which amended Mo. Rev. Stat. 644.021.1 to change the criteria for members of the commission, violated Missouri Constitution article III's original purpose requirement and single subject and clear title requirements; and (2) there was insufficient evidence that CAFO's manure containment structures would be protected from inundation or damages in the event of a 100-year flood, a requirement of 10 C.S.R. 20-8.300. The Supreme Court affirmed, holding (1) HB 1713 is constitutionally valid; and (2) there was sufficient evidence that CAFO structures met regulatory requirements. View "In re Trenton Farms RE, LLC Permit No. MOGS10520" on Justia Law

The Supreme Court reversed the judgment of the circuit court in favor of Respondents in this declaratory and injunctive relief action challenging a series of regulatory amendments proposed by the Missouri Conservation Commission that banned the importation of cervids in an attempt to eradicate chronic wasting disease.Appellants sued Respondents to prevent the amended regulations from going into effect. The circuit court declared the challenged regulations invalid and enjoined the Commission from enforcing them. The Supreme Court reversed, holding (1) the Commission has authority under Mo. Const. art. IV, 40(a) to regulate Respondents’ captive cervids as “wildlife” and “game”; (2) Respondents’ captive cervids are subject to regulation by the Commission under article IV, section 40(a) because they are “resources of the state”; and (3) and circuit court erred in concluding that the regulations were invalid and could not be enforced because they impermissibly infringed on Respondents’ right to farm under Mo. Const. art. I, 35. View "Hill v. Missouri Department of Conservation" on Justia 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