Justia Missouri Supreme Court Opinion Summaries

Articles Posted in Animal / Dog Law
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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

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In 1992, Mo. Rev. Stat. 273.327 was enacted, requiring persons engaged in commercial animal care to obtain a license and exempted pounds and animal shelters from paying annual licensing and per-capita fees. In 2010, the General Assembly passed S.B. 795, which repealed and reenacted section 273.327. The reenacted version of section 273.327 eliminated animal shelters from the entities exempt from the payment of fees. In 2011, the General Assembly passed S.B. 161, which repealed and reenacted section 273.327 and cured any procedural defects in the passage of S.B. 795. The Humane Society subsequently filed a petition for declaratory judgment and injunctive relief, asserting that the amended version of section 273.327 was unconstitutional because S.B. 795 was amended during its passage to change its original purpose. The trial court granted summary judgment for the State, concluding that the Humane Society's cause of action was moot as a result of the General Assembly's repeal and reenactment of section 273.327 in S.B. 161. View "Humane Society of the United States v. State" on Justia Law