Neighbors schedule court date, allege misconduct in CAFO appeal

4 years 4 months 1 week ago Saturday, June 06 2015 Jun 6, 2015 Saturday, June 06, 2015 5:45:00 PM CDT June 06, 2015 in News
By: James Packard, KOMU 8 Reporter

CALLAWAY COUNTY - Members of the neighborhood group fighting to keep a hog confinement out of their area said Saturday they filed a lawsuit against the Missouri Department of Natural Resources and the Clean Water Commission, alleging misconduct after an appeal of the facility.

The group Friends of Responsible Agriculture (FORAG) said it filed a lawsuit in the Cole County Circuit Court Wednesday. The lawsuit came after the group appealed in February to the Missouri Administrative Hearing Commission (AHC), which hears appeals on behalf of the Clean Water Commission. The group appealed in hopes of stopping the Clean Water Commission from issuing a permit to Callaway Farrowing, allowing the development of the nearly 10,000 hog confinement.

The lawsuit filed Wednesday alleges that "although the Commission is required by law to only consider evidence presented at the February AHC hearing, on March 31 and April 1, five different members of the Commission conducted independent fact-finding tours of two other hog CAFOs." 

The group references Missouri Supreme Court rule 2-2.9(c) which says, "A judge shall not investigate facts in a matter independently and shall consider only the evidence presented and any facts that properly may be judicially noticed."

After learning about the tours, FORAG's attorney, Stephen Jeffery, wrote a letter to the Missouri Attorney General's Office stating because FORAG was not asked to attend the tours, they could not conduct proper cross-examination. Jeffery also asked some commissioners to recuse themselves from the case. A response from the attorney general's office said no commissioner would recuse him or herself. 

Friday, Cole County Circuit Judge Pat Joyce signed a prohibition stating no further action could be taken on FORAG's appeal until the court said it could resume. That decision would come after a July 6 court date on the suit FORAG filed Wednesday. 

FORAG President Jeff Jones said Saturday the DNR, the Administrative Hearing Commission, and Callaway Farrowing, the group trying to build the CAFO, had been issued summons from Cole County.

"We were shocked to learn that the CAFO tours took place during the time that the commissioners were trying to make their decisions," Jones said.

Shirley Kidwell lives near Jones, where the Callaway Farrowing CAFO would be built. She said when FORAG asked the Clean Water Commission in November to come to the area around where the CAFO would be built, no one came.

"I'm pleased that Judge Joyce issued the prohibition," Kidwell said.

Supporters of the hog confinement have claimed it could mean cheaper costs to raise swine and that that facility is designed to avoid spills. Others have said it would create some jobs in the area.

Kidwell said "There will be road damage for the county, excessive water use, as well as the waste that's going to be dumped on the highly errodible land in this area." 

Jones and Kidwell said until their July 6 court date, they planned to turn to their attorney for counsel on what to do next.

Related Stories

More News

Grid
List
COLUMBIA - MU Theatre will not continue its relationship with True/False because of their partnership with The Crossing organization. ... More >>
12 minutes ago Friday, October 18 2019 Oct 18, 2019 Friday, October 18, 2019 4:39:00 PM CDT October 18, 2019 in News
COLUMBIA - Springfield Mayor Ken McClure hosted a group for a strategy session that included Governor Mike Parson in October.... More >>
33 minutes ago Friday, October 18 2019 Oct 18, 2019 Friday, October 18, 2019 4:18:00 PM CDT October 18, 2019 in News
KANSAS CITY - The extent of Kansas City Chiefs quarterback Patrick Mahomes' leg injury sustained during the team's Thursday night... More >>
1 hour ago Friday, October 18 2019 Oct 18, 2019 Friday, October 18, 2019 3:07:00 PM CDT October 18, 2019 in Sports
JEFFERSON CITY - A damaged downtown Jefferson City building is scheduled for demolition, but the owners have filed an appeal... More >>
2 hours ago Friday, October 18 2019 Oct 18, 2019 Friday, October 18, 2019 2:26:00 PM CDT October 18, 2019 in Continuous News
COLUMBIA - A drug company's decision is causing new worries for the families of children with cancer. Vincristine, a... More >>
2 hours ago Friday, October 18 2019 Oct 18, 2019 Friday, October 18, 2019 1:55:00 PM CDT October 18, 2019 in News
JEFFERSON CITY - Jefferson City Police investigated a threat at Thomas Jefferson Middle School on Friday. TJMS sent out... More >>
3 hours ago Friday, October 18 2019 Oct 18, 2019 Friday, October 18, 2019 1:27:00 PM CDT October 18, 2019 in News
COLUMBIA - A woman is dead after a car crash on Highway 63 in Columbia on Thursday afternoon. Columbia... More >>
4 hours ago Friday, October 18 2019 Oct 18, 2019 Friday, October 18, 2019 11:57:00 AM CDT October 18, 2019 in Top Stories
COLUMBIA - Leaders from several organizations from around Boone County gathered Friday to talk about various county-wide goals. The... More >>
5 hours ago Friday, October 18 2019 Oct 18, 2019 Friday, October 18, 2019 11:10:00 AM CDT October 18, 2019 in Top Stories
KANSAS CITY, Mo. (AP) — Authorities are investigating a triple homicide in a Kansas City neighborhood. Police spokesman... More >>
5 hours ago Friday, October 18 2019 Oct 18, 2019 Friday, October 18, 2019 11:01:00 AM CDT October 18, 2019 in Continuous News
COLUMBIA - A man was arrested Thursday evening after police found dangerous drugs during a routine traffic stop. The arrest... More >>
12 hours ago Friday, October 18 2019 Oct 18, 2019 Friday, October 18, 2019 4:29:00 AM CDT October 18, 2019 in News
JEFFERSON CITY - The fifth annual Project Homeless Connect begins Friday. The event provides support for those experiencing homelessness,... More >>
13 hours ago Friday, October 18 2019 Oct 18, 2019 Friday, October 18, 2019 3:23:00 AM CDT October 18, 2019 in Top Stories
COLUMBIA - Sixteen Columbians will travel to Columbia's Japanese sister city, Hakusan City, to reaffirm the relationship between the two... More >>
14 hours ago Friday, October 18 2019 Oct 18, 2019 Friday, October 18, 2019 2:29:00 AM CDT October 18, 2019 in News
COLUMBIA — After a controversial sermon at The Crossing on Sunday, the LGBTQ community is calling for those involved to... More >>
21 hours ago Thursday, October 17 2019 Oct 17, 2019 Thursday, October 17, 2019 7:41:00 PM CDT October 17, 2019 in News
COLUMBIA - The Princeton Review named the University of Missouri to three of its "best" lists. MU made the... More >>
22 hours ago Thursday, October 17 2019 Oct 17, 2019 Thursday, October 17, 2019 6:16:51 PM CDT October 17, 2019 in News
Walt Disney once said, "All dreams can come true, if we have the courage to pursue them." If your dream... More >>
23 hours ago Thursday, October 17 2019 Oct 17, 2019 Thursday, October 17, 2019 5:25:44 PM CDT October 17, 2019 in News
COLUMBIA - Simmons Bank, the Arkansas-based bank which bought Landmark Bank over the summer, confirmed some positions will be eliminated.... More >>
23 hours ago Thursday, October 17 2019 Oct 17, 2019 Thursday, October 17, 2019 5:01:00 PM CDT October 17, 2019 in News
JEFFERSON CITY - Former Camden County sheriff's deputy Leonard Jerome Wilson pleaded guilty earlier today to receiving child pornography as... More >>
1 day ago Thursday, October 17 2019 Oct 17, 2019 Thursday, October 17, 2019 4:15:00 PM CDT October 17, 2019 in News
BOONVILLE - A grand jury indicted a man on October 11 for one count of child molestation. Robert Bosma,... More >>
1 day ago Thursday, October 17 2019 Oct 17, 2019 Thursday, October 17, 2019 3:33:00 PM CDT October 17, 2019 in News
Columbia, MO
Broken Clouds 69°
5pm 68°
6pm 65°
7pm 62°
8pm 60°