A couple who lives near Stockton Lake, Missouri, has settled its lawsuit for $1.1 million. The lawsuit arose out of the stench from a nearby factory hog farm. The nuisance lawsuit was filed by Ed and Ruth McEowen against the hog operators after barns were built less than 1,000 feet from their home several years ago. What was described during the trial as a sickening stench was said to settle down in the valley near their home once the sun goes down.
The lawsuit was filed against a number of Defendants: the owner of the barns; the Missouri Farmers Association, which supplied the hogs; North View Swine Co.; Tri-County Swine; and an insurer, the Missouri Farm Bureau. The owner does not live with 7,500 hogs at the farm that is located across the road from the Plaintiffs. One of six barns was built without a construction permit, a violation of Missouri Department of Natural Resources regulations, according to allegations in the lawsuit. The farm was said to have operated six years without an operating permit from DNR.
Hog waste also fouled a creek that runs through the Plaintiffs’ property. The Plaintiffs had lived on their 40-acre farm for 30 years and they actually built their home and a workshop by themselves. The settlement involves only odors up to the date of the settlement. But the Plaintiffs say they will to file another nuisance action if the hog operation continues to harm their quality of life.
The Plaintiffs were represented by Mike Holzknecht, a lawyer from Stockton, Missouri, and Charlie Speer, a Kansas City lawyer. They did a very good job for their clients.
Source: Kansas City Star
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