Neighbors schedule court date, allege misconduct in CAFO appeal

3 years 8 months 2 weeks 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
JEFFERSON CITY - The Cole County Circuit Court issued a subpoena Thursday for former governor Eric Greitens. The subpoena... More >>
56 minutes ago Friday, February 22 2019 Feb 22, 2019 Friday, February 22, 2019 7:53:00 AM CST February 22, 2019 in News
VATICAN CITY (AP) — Cardinals attending Pope Francis' summit on preventing clergy sex abuse have called for a new culture... More >>
4 hours ago Friday, February 22 2019 Feb 22, 2019 Friday, February 22, 2019 4:41:00 AM CST February 22, 2019 in News
COLUMBIA - Rock Bridge High School's "Global Village Week" is a chance for students to come together and teach one... More >>
8 hours ago Friday, February 22 2019 Feb 22, 2019 Friday, February 22, 2019 12:26:00 AM CST February 22, 2019 in News
COLUMBIA - Columbia’s Parks and Recreation Commission met Thursday night to discuss the effects of the increases made earlier this... More >>
10 hours ago Thursday, February 21 2019 Feb 21, 2019 Thursday, February 21, 2019 10:36:00 PM CST February 21, 2019 in News
JEFFERSON CITY - If passed, Senate Bill 254 and House Bill 499 would immediately revoke a person's driver license if... More >>
11 hours ago Thursday, February 21 2019 Feb 21, 2019 Thursday, February 21, 2019 9:25:00 PM CST February 21, 2019 in News
COLUMBIA - Neighbors in central Columbia are finally seeing a plan for change after decades of advocacy. Columbia Public Works... More >>
12 hours ago Thursday, February 21 2019 Feb 21, 2019 Thursday, February 21, 2019 7:50:00 PM CST February 21, 2019 in News
MARCELINE - City Manager Richard Hoon is one of the 1.2 million Missourians without high-speed internet. He doesn’t have to... More >>
13 hours ago Thursday, February 21 2019 Feb 21, 2019 Thursday, February 21, 2019 7:38:00 PM CST February 21, 2019 in News
JEFFERSON CITY - University of Missouri System leaders and representatives from each of its four campuses gathered at the state... More >>
14 hours ago Thursday, February 21 2019 Feb 21, 2019 Thursday, February 21, 2019 6:42:00 PM CST February 21, 2019 in News
COLUMBIA - A Columbia man's finances were put at risk when he tried to get an update on his refund... More >>
14 hours ago Thursday, February 21 2019 Feb 21, 2019 Thursday, February 21, 2019 6:31:00 PM CST February 21, 2019 in News
JEFFERSON CITY - A freshman representative is hoping to add a new elective for Missouri public schools: Bible classes. ... More >>
14 hours ago Thursday, February 21 2019 Feb 21, 2019 Thursday, February 21, 2019 6:24:00 PM CST February 21, 2019 in News
JEFFERSON CITY – A Jefferson City woman pleaded guilty Thursday to embezzling more than $65,000 from her employer. Laura... More >>
14 hours ago Thursday, February 21 2019 Feb 21, 2019 Thursday, February 21, 2019 6:24:00 PM CST February 21, 2019 in News
COLUMBIA - A woman was killed and another seriously hurt after a head-on crash in Columbia Thursday morning. ... More >>
15 hours ago Thursday, February 21 2019 Feb 21, 2019 Thursday, February 21, 2019 5:42:00 PM CST February 21, 2019 in News
JEFFERSON CITY – Lawmakers say home care providers would become more accountable under a bill introduced in a Senate committee... More >>
17 hours ago Thursday, February 21 2019 Feb 21, 2019 Thursday, February 21, 2019 3:43:00 PM CST February 21, 2019 in News
COLUMBIA - The Boone County Commission approved a letter of support Thursday to contribute $2 million from county tax revenues... More >>
17 hours ago Thursday, February 21 2019 Feb 21, 2019 Thursday, February 21, 2019 3:35:00 PM CST February 21, 2019 in News
COLUMBIA – A new Senate bill would force people who poach wildlife to pay for it, literally, by putting money... More >>
17 hours ago Thursday, February 21 2019 Feb 21, 2019 Thursday, February 21, 2019 3:21:00 PM CST February 21, 2019 in News
COLUMBIA - A longtime supporter of the Mizzou New Music Initiative at the School of Music is donating $2.5 million... More >>
21 hours ago Thursday, February 21 2019 Feb 21, 2019 Thursday, February 21, 2019 11:32:00 AM CST February 21, 2019 in News
JEFFERSON CITY — Missouri Gov. Mike Parson says state lawmakers are "grandstanding" by holding numerous hearings to discuss a tax... More >>
21 hours ago Thursday, February 21 2019 Feb 21, 2019 Thursday, February 21, 2019 10:50:00 AM CST February 21, 2019 in News
RIMINI (AP) — Every day many millions of gallons of water loaded with arsenic, lead and other toxic metals flow... More >>
1 day ago Thursday, February 21 2019 Feb 21, 2019 Thursday, February 21, 2019 4:21:00 AM CST February 21, 2019 in News
Columbia, MO
Broken Clouds 32°
9am 34°
10am 36°
11am 38°
12pm 39°